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Administrative Decisions Act 1995 PDF Print E-mail

 

Crossing fingers behind back

This Act is the equivalent of a child crossing their fingers behind their back while saying they will do something, all the while secretly telling themselves that they don't really have to because they have their fingers crossed. 

It is high time that South Australia stepped up and recognised the areas where they are simply creating laws to prevent accountability to others for obvious breaches of human rights laws.  Recently the House of Lords have stated that the terrorist laws they use breach human rights and as such have decided that they cannot apply them lest they become worse than those they are seeking to convict.  Fortunately, for residents of the UK, they do not have a government which crosses it fingers behind its back when it comes to human rights.  Australia, being a relatively young country has some serious growing up to do.  Hopefully the actions of its big brother (UK) will provide the much needed positive role model for our government to follow. 

We are grateful that others have joined us in our call for an I.C.A.C. to weed out any existing government level corruption.  We thank the likes of Nick Xenophon,  David Winderlich, Isobel Redmond, and all other parliamentarians, who have come together as a result of our stand against draconian governance to make a unified chorus demanding an I.C.A.C.  Until then, the F.R.E.E  AUSTRALIA PARTY will continue to lead the challenge against unethical, and unconstitutional, actions of an errant government.
 

A copy of the Act permitting SA law makers to cross their fingers behind their back is included below...  The relevant bits are highlighted by the author of this article.

BEGIN COPY ..................................................................................................................................................................................................

An Act relating to the effect of international instruments on the making of administrative decisions.

The Parliament of South Australia enacts as follows:

1—Short title

This Act may be cited as the Administrative Decisions (Effect of International Instruments) Act 1995.


2—Interpretation

In this Act—
international instrument means—
(a) a treaty, convention, protocol, agreement or other instrument that is binding in international law; or
(b) a part of such a treaty, convention, protocol, agreement or other instrument.


3—Effect of international instruments

(1) An international instrument (even though binding in international law on Australia) affects administrative decisions and procedures under the law of the State only to the
extent the instrument has the force of domestic law
under an Act of the Parliament of the Commonwealth or the State.
(2) It follows that an international instrument that does not have the force of domestic law under an Act of the Parliament of the Commonwealth or the State cannot give rise to
any legitimate expectation that

(a) administrative decisions will conform with the terms of the instrument; or
(b) an opportunity will be given to present a case against a proposed administrative decision that is contrary to the terms of the instrument.

Administrative Decisions (Effect of International Instruments) Act 1995—30.11.1995
2 This version is not published under the Legislation Revision and Publication Act 2002
(3) However, this Act does not prevent a decision-maker from having regard to an international instrument if the instrument is relevant to the decision.

 

 END COPY ..................................................................................................................................................................................................

 

 

Written by Craig Hendry
References

Administrative Decisions (Effect of International Instruments) Act 1995 (online) Available: http://www.legislation.sa.gov.au/LZ/C/A/ADMINISTRATIVE%20DECISIONS%20(EFFECT%20OF%20INTERNATIONAL%20INSTRUMENTS)%20ACT%201995/CURRENT/1995.81.UN.PDF accessed 10.06.2009

"Terror Suspects' Victory Over Control Orders" (online) Available: http://uk.news.yahoo.com/5/20090610/tuk-terror-suspects-victory-over-control-45dbed5.html accessed 10.06.2009