Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 440A

Principal Member must give periodic reports to Minister

             (1)  The Principal Member must give a report under this section to the Minister within 45 days after the end of each of the following periods (each of which is a reporting period ):

                     (a)  the period that started on 1 July 2005 and ends, or ended, on 31 October 2005; and

                     (b)  each subsequent period of 4 months.

Principal Member must give additional reports to Minister as required

             (2)  The Minister may give to the Principal Member a notice requiring the Principal Member to give to the Minister a report under this section in addition to the reports required under subsection (1). The notice must specify the period to which the report is to relate (also a reporting period ).

             (3)  The Principal Member must give the report under subsection (2) to the Minister:

                     (a)  within 45 days after the day on which the reporting period ends; or

                     (b)  within 45 days after the day on which the Minister gives the notice to the Principal Member;

whichever is later.

             (4)  A notice under subsection (2) is not a legislative instrument.

Information that must be included in report

             (5)  A report under this section relating to a reporting period must include information about each application for a review of an RRT-reviewable decision:

                     (a)  that:

                              (i)  an applicant has validly made under section 412; or

                             (ii)  a court has remitted to the Refugee Review Tribunal for reconsideration; and

                     (b)  for which:

                              (i)  the Refugee Review Tribunal has reviewed the decision under section 414 and has recorded its decision under section 430 during the reporting period, but has not done so within the decision period; or

                             (ii)  the Refugee Review Tribunal has not reviewed the decision under section 414 and has not recorded its decision under section 430 before or during the reporting period, and the decision period has ended (whether before or during the reporting period).

             (6)  The report must also include:

                     (a)  the date on which each application was made that:

                              (i)  was validly made under section 412; and

                             (ii)  paragraph (5)(b) applies to; and

                     (b)  the reasons why decisions were not reviewed within the decision period.

Note:          The reasons mentioned in paragraph (6)(b) may relate to aspects of processing applications for review that are beyond the Refugee Review Tribunal's control.

Information that must not be included in the report

             (7)  A report under this section must not include:

                     (a)  the name of any current or former applicant for review of an RRT-reviewable decision; or

                     (b)  any information that may identify such an applicant; or

                     (c)  the name of any other person connected in any way with any application for review of an RRT-reviewable decision made by the applicant mentioned in paragraph (a); or

                     (d)  any information that may identify that other person.

Information that may be included in the report

             (8)  The report may include any other information that the Principal Member thinks appropriate.

Reports to be tabled in Parliament

             (9)  The Minister must cause a copy of a report under this section to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report from the Principal Member.

Definition

           (10)  In this section:

"decision period" for an application for review of an RRT-reviewable decision means the period of 90 days starting on the day on which the Secretary has given to the Registrar the documents required to be given by subsections 418(2) and 418(3).