Mental Health (Amendment) (Scotland) Bill: Explanatory Notes

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Their Honours found. which restricts the class of decision which may be reviewed to decisions which finally determine rights or obligations or which may be said to have an ultimate or operative effect. there has been no objection to the jurisdiction of the AAT to review ASC decisions to issue a notice pursuant to s 600(3) actually prohibiting a person from managing a corporation. for example. 17 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 at 411. notwithstanding it could not be said to be a decision with “ultimate and operative effect. that where the power to make an order was dependent upon an earlier declaration.16 The AAT’s approach to this aspect of its jurisdiction is open to criticism in terms of both its legal analysis and its practical effect.

Pages: 3

Publisher: Stationery Office Books (March 1999)

ISBN: 0103514996

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