Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 91Y

Secretary must give periodic reports to Minister

             (1)  The Secretary 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.

Secretary must give additional reports to Minister as required

             (2)  The Minister may give to the Secretary a notice requiring the Secretary 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 Secretary 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 Secretary;

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 protection visa:

                     (a)  that:

                              (i)  an applicant has validly made under section 46; or

                             (ii)  a court or tribunal has remitted to the Minister for reconsideration; and

                     (b)  for which:

                              (i)  the Minister has made a decision under section 65 during the reporting period, but has not made the decision within the decision period; or

                             (ii)  the Minister has not made a decision under section 65 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 46; and

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

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

Note:          The reasons mentioned in paragraph (6)(b) may relate to aspects of processing applications that are beyond the Department'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 a protection visa; 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 a protection visa 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 Secretary 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 Secretary.

Definition

           (10)  In this section:

"decision period" for an application for a protection visa means the period of 90 days starting on:

                     (a)  the day on which the application for the protection visa was made or remitted as mentioned in subsection (5); or

                     (b)  in the circumstances prescribed by the regulations--the day prescribed by the regulations.