Mayor Councillor and Citizens of the City of Doncaster and Templestowe v The Minister for Community Services [1987] FCA 829

IN THE FEDERAL COURT OF AUSTRALIA

JUDGMENT No. «8. Zsntul cocunde

VICTORIA DISTRICT REGISTRY

GENERAL DIVISION

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BETWEEN: MAYOR COUNCILLOR AND CITIZENS OF

AND

The Court

THE CITY OF DONCASTER AND

TEMPLESTOWE

THE COURT: Sweeney, Keely and Ryan JJ.

PLACE : Melbourne

DATE : 23 June, 1987

REASONS FOR JUDGMENT

NO. VG 101 of 1987

Applicant

THE MINISTER FOR COMMUNITY SERVICES Respondent

-4 APR 2005 "= LIBRARY

"RNG

The Administrative Appeals Tribunal ("the Tribunal") pursuant

to s.45 of the Administrative Appeals Tribunal Act 1975, has

referred to this Court a question of law formulated as follows:-

"Whether section 39 of the Nursing Homes and Hostels Legislation Amendment Act 1986 ("the Amending Act") requires the Tribunal, after the commencement of that section and section 32 of the Amending Act, in considering an Application made before the commencement of those sections for review of a decision made and affirmed under sub-sections 3A(3) and 11A(4) of the Nursing Homes Assistance Act 1974 ("the Principal Act") before' the commencement of the sections 32 and 39 of the Amending Act, to apply -

(a) the provisions of the Principal Act as in force immediately before the commencment of sections 32 and 39 of the Amending Act;

(b) the provisions of the Principal Act as amended by Amending Act; or

(c) the provisions of the Principal Act as amended in some other, and, if so, what, manner?".

Section 39 of the Amending Act provides as follows -

"39. Notwithstanding the amendments of the Principal Act made by sections 32 and 33, the Principal Act continues to apply, after the commencment of this section, in relation to applications for review by the Administrative Appeals Tribunal made before the commencement of this section".

Sections 32 and 33 of the Amending Act provide -

"32. Section 11A of the Principal Act is amended —