19. PART 6 – APPEALS REGULATIONS (Standing Committee)

That the Assembly

authorize the Assembly Standing Committee to

1. establish a Task Group to review the operation of Part 6 of the Regulations (Appeals) with particular reference to

  • whether the appeal should address the merits of the case or only matters of process
  • whether greater prescription is required on the process to be undertaken in relation to Part 6 Appeals; for example in relation to:

- the nature of the evidence to be provided
- the role of support persons
- allocation of costs
- the adequacy of current timelines

  • whether there is merit in there being a national Standing Appeals Panel; and if so how it might operate; and

2. on the advice of the Legal Reference Committee, amend Part 6 – Appeals Regulations in the light of the report of the Task Group.

Rationale:

The new section on Appeals (now Part 6) were introduced about four years ago and experience of their operation has shown some of the benefits and also thrown up some questions for discussion and further consideration. A process of establishing a task group to undertake the consultation and reflection and then recommending changes in the Regulations to the ASC seems the most effective approach for improving this process. The areas which are particularly in the mind of the Standing Committee for review are named in the proposed terms of reference for such a task group.