Commonwealth Consolidated Acts Commonwealth Consolidated ActsReferral of TEO decision
(1) Immediately after making a temporary exclusion order in relation to a person, the Minister must refer the decision (the TEO decision ) to make the order to a reviewing authority.
(2) The referral must include:
(a) a written statement of reasons for the TEO decision; and
(b) all of the material relating to the TEO decision that was before the Minister at the time the TEO decision was made.
(3) Paragraph (2)(b) does not apply to material that, in the Minister's opinion, would be contrary to the public interest to disclose.
Review of TEO decision
(4) The reviewing authority must, as soon as is reasonably practicable:
(a) review the TEO decision; and
(b) decide whether, in the opinion of the reviewing authority, one or more of the following subparagraphs apply to the TEO decision:
(i) the making of the decision was an improper exercise of the power to make the decision;
(ii) the decision was induced or affected by fraud;
(iii) if the temporary exclusion order was made on the basis of paragraph 10(2)(a)--there was no material before the Minister from which the Minister could form the state of mind required by that paragraph.
(5) For the purposes of subparagraph (4)(b)(i), the making of the decision is an improper exercise of the power to make the decision if:
(a) the Minister took an irrelevant consideration into account; or
(b) the Minister failed to take a relevant consideration into account; or
(c) the decision was made for a purpose other than a purpose for which the power to make the decision was conferred; or
(d) the decision was made in bad faith; or
(e) the decision was made at the direction or behest of another person; or
(f) the decision was made in accordance with a rule or policy without regard to the merits of the particular case; or
(g) the decision was so unreasonable that no reasonable person could have made it; or
(h) the decision was made in such a way that the result of the decision is uncertain; or
(i) the decision was otherwise an abuse of the power to make the decision.
(6) The reviewing authority must conduct a review of a TEO decision:
(a) in the absence of the person (the affected person ) to whom the temporary exclusion order relates; and
(b) without the affected person having been notified of the review; and
(c) without the affected person having been given an opportunity to make any representations to the reviewing authority.
Effect of reviewing authority decision
(7) If, in the opinion of the reviewing authority, one or more of subparagraphs (4)(b)(i) to (iii) apply to the TEO decision:
(a) the TEO decision is taken never to have been made; and
(b) if the person to whom the TEO decision relates has been notified of the making of the order--the Minister must cause such steps to be taken as are, in the opinion of the Minister, reasonable and practicable:
(i) to bring to the attention of the person the reviewing authority's decision; and
(ii) if the person is 14 to 17 years of age--to bring to the attention of a parent or guardian of the person the reviewing authority's decision.
Note: If:
(a) the reviewing authority decides that none of subparagraphs (4)(b)(i) to (iii) apply to the decision to make a temporary exclusion order; and
(b) the order has not already come into force under paragraph 13(1)(b);
the temporary exclusion order comes into force immediately after the reviewing authority's decision is made (see paragraph 13(1)(a)).
(8) If:
(a) a return permit has been issued to a person in relation to whom a temporary exclusion order applies; and
(b) the order is taken never to have been made because of the operation of paragraph (7)(a);
the return permit is taken never to have been issued.
TEO decision material must be returned to the Minister
(9) As soon as reasonably practicable after completing a review of a TEO decision, the reviewing authority must return the material referred to in paragraph (2)(b) to the Minister.
Further temporary exclusion orders may be made
(10) Nothing in this section prevents the making of another temporary exclusion order in relation to the same person.