ADMINISTRATIVE REVIEW COUNCIL
THIRTY-FOURTH ANNUAL REPORT
2009–10
© Commonwealth of Australia 2010
This work is copyright. Apart from any use permitted under the Copyright Act 1968, no part may
be reproduced by any process without written permission.
ISSN 0155-025X
ISBN 978-1-921725-33-3
For information about this report, or more generally about the Council’s work, please contact:
Administrative Review Council
c/o Attorney-General’s Department
3-5 National Circuit
BARTON ACT 2600
Telephone: 02 6141 3130
Facsimile:
02 6141 3248
Email:
arc.can@ag.gov.au
Internet:
www.law.gov.au/arc
ADMINISTRATIVE REVIEW COUNCIL
13 September 2010
The Hon Robert McClelland MP
Attorney-General
Parliament House
CANBERRA ACT 2600
Dear Attorney-General
On behalf of the members of the Administrative Review Council and in accordance with
section 58 of the Administrative Appeals Tribunal Act 1975, I have pleasure in presenting to
you the annual report of the Administrative Review Council for the financial year ending
30 June 2010.
Yours sincerely
Colin Neave AM
President
Colin Neave AM
Professor John McMillan AO
Brigadier Bill Rolfe AO (rtd)
Roger Wilkins AO
Dr Melissa Perry QC
Justice Garry Downes AM
Professor Rosalind Croucher
Andrew Metcalfe
Linda Pearson
3-5 National Circuit, Barton ACT 2600
Telephone: 02 6141 3130 Facsimile: 02 6141 3248 Email: arc.can@ag.gov.au
Internet: law.gov.au/arc
The Administrative Review Council, 2009-10
Back:
Roger Wilkins AO, Justice Garry Downes AM,
Professor Rosalind Croucher, Professor John McMillan AO
Front:
Andrew Metcalfe, Dr Melissa Perry QC, Colin Neave AM (President),
Linda Pearson
Below:
Ian Carnell, Brigadier Bill Rolfe AO (rtd), Jillian Segal AM,
Professor Robin Creyke, Emeritus Professor David Weisbrot,
Ron Brent
Thirty-fourth annual report: 2009–10
v
Contents
1
Overview ............................................................................................................... 1
2
The work of the Council..................................................................................... 3
Consultation .......................................................................................................... 3
Education ............................................................................................................... 4
3
Management and accountability ...................................................................... 7
Establishment ........................................................................................................ 7
Statutory functions & powers ............................................................................. 7
Membership ........................................................................................................... 8
Meetings ................................................................................................................. 9
Personnel & administrative functions ............................................................. 10
Expenditure ......................................................................................................... 10
Consultancy services & advertising ................................................................. 10
Freedom of information ..................................................................................... 10
Appendix A Reports and guidelines issued by the Council ............................... 12
Appendix B
Section 51 of the Administrative Appeals Tribunal Act ............... 15
Thirty-fourth annual report: 2009–10
1
1
Overview
The Administrative Review Council places a high value on its role in promoting
knowledge of the administrative law system and providing guidance for those
with particular responsibilities within that system. During the 2009-10 year, the
Council finalised its work on two publications which advance that purpose.
On 26 August 2009, the Attorney-General launched the Council’s revised Guide to
Standards of Conduct for Tribunal Members at the Administrative Appeals Tribunal
and ACT Bar Association seminar on ‘The Obligation to Assist: Model Litigants in
Administrative Appeals Tribunal Proceedings’. The Council hopes that the new
Guide will highlight the standards of conduct for tribunal members in a relevant
and useful manner. The Council also collaborated with academics, practitioners,
administrators and others involved in administrative law to publish the
59th edition of Admin Review in May 2010. This bulletin aims to raise awareness
about developments in administrative law and practice in the 21st century.
The Council was also consulted on a range of policies under consideration by the
Government that raised administrative law issues. The Council had a particular
interest in the Government’s Freedom of Information reforms having co-authored
with the Australian Law Reform Commission, the 1995 Report Open Government: a
review of the federal Freedom of Information Act 1982.
The 2009-10 reporting year brought an important change to the membership of the
Council with the appointment, on 20 May 2010, of Mr Colin Neave AM as the new
President of the Council. Mr Neave brings extensive experience in both
government and business to the Council and his appointment has been welcomed
by Council members.
The Council wishes to express its thanks to former President, Ms Jillian Segal AM,
whose term concluded in October 2009, for her valuable contribution to the work
of the Council. Under her leadership, the Council produced a number of
important reports, including The Scope of Judicial Review (2006), The Coercive
Information Gathering Powers of Government Agencies (2008) and Administrative
Accountability in Business Areas Subject to Complex Regulation (2008) and provided
practical resources for agencies in the form of the Best Practice Guides for
Administrative Decision-Making, which were completed in 2007.
During the reporting year the Council also farewelled Mr Ian Carnell, who retired
from his role as Inspector-General of Intelligence and Security and
Emeritus Professor David Weisbrot AM, who stepped down from his position as
President of the Australian Law Reform Commission in November 2009.
2
Thirty-fourth annual report: 2009–10
Professor John McMillan AO will continue to be a member of the Council in his
new role as the first Australian Information Commissioner. When
Professor McMillan was appointed Information Commissioner Designate on
26 February 2010, he took leave from his position as Commonwealth Ombudsman
but has continued his involvement in the work of the Council during the year.
The Council looks forward to commencing work on new projects in the next
reporting year and will be supported in this work by staff of the
Attorney-General’s Department.
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2
3
The work and performance
of the Council
Consultation
The Council provides advice on a range of administrative law and policy
questions to government departments and agencies and responds to public
inquiries into matters that affect the Commonwealth administrative law system.
The Council believes that its early involvement in the development of
administrative law policy fosters positive outcomes—from the perspectives of
both government and the Council—and leads to improved understanding and
implementation of best practice in the application of administrative law.
Freedom of Information reforms
In February 2010, the Council made a submission to the Senate Finance and Public
Administration Committee’s inquiry into the Freedom of Information
Amendment (Reform) Bill 2009 and Information Commissioner Bill 2009.
Reforms to Freedom of Information laws involve the appointment of an
Australian Information Commissioner to provide independent oversight of
freedom of information and privacy matters. The Council commented on the role
of the Australian Information Commissioner in review of administrative decisions
and the impact that adding another layer of review might have on the efficiency of
current review processes.
The Council suggested that the review of the Act to be conducted two years after
commencement should pay close attention to the efficiency of the review process,
including the length of time matters are taking to be resolved and the role played
by the Australian Information Commissioner. The workload of agencies in
dealing with FOI requests arising from the proposed amendments is another
matter that will necessarily arise in the review of the Act.
On 13 May 2010, the Australian Information Commissioner Bill 2010 and the
Freedom of Information Amendment (Reform) Bill 2010 passed through the
Parliament. The Council was pleased to publish an article by Senator
the Hon Joe Ludwig, The Freedom of Information Act – no longer a substantial
disappointment, in the 59th edition of Admin Review.
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4
Other consultation
During 2009-10, the Council was also consulted on the following matters:

the development of recommendations of the Access to Justice Task Force
from the Attorney-General’s Department for its report to Government,
A Strategic Framework for Access to Justice in the Federal Civil Justice System,
including recommended improvements to the quality of primary decision
making and case management in the Administrative Appeals Tribunal.

proposed reforms to Norfolk Island’s governance arrangements, which
include extending the major elements of the Commonwealth
administrative law system to the Norfolk Island Government and
Administration including AAT merits review, Freedom of Information Act
1982, Privacy Act 1988, Commonwealth Ombudsman and judicial review
of actions

Dr Allan Hawke’s independent review of the Environment Protection
Biodiversity Conservation Act 1999

Senate Scrutiny of Bills Committee inquiry into its future direction and
role

UK Administrative Justice and Tribunal Council’s draft Principles of
Administrative Justice

Department of Immigration and Citizenship’s proposed simplification of
the current visa framework, and

Attorney-General’s Department consideration of measures to improve the
Australian administrative law system, including the development of an
Administrative Law Policy Guide to provide direction for Commonwealth
officers developing policy and legislation on matters involving
administrative law.
Education
Administrative law is concerned with the interaction between government and its
citizens. An essential part of the Council’s role is to promote knowledge and
contribute to the discussion of administrative law matters, reinforcing the core
administrative values of lawfulness, fairness, rationality, openness and efficiency.
New themes continue to arise and the Council’s influence is often most effectively
achieved through its educative role and constructive engagement with both the
public and private sector.
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5
Admin Review
On 20 May 2010, the Council published the 59th edition of its administrative law
bulletin, Admin Review. This edition presents current issues with the
administrative law system from the perspective of a range of people, among them
academics, legal practitioners, administrators and business users. A general
theme running through the articles is how administrative law and practice can
respond to the challenge of ensuring fair and open government in a constantly
evolving legal landscape.
Guide to Standards of Conduct for Tribunal Members
On 26 August 2009, the Council published a revised Guide to Standards of Conduct
for Tribunal Members. The revised guide is intended to reflect the current role of
tribunals and changing public expectation of tribunal members. It will assist in
maintaining the high standards expected of tribunal members with regard to
respect for the law, fairness, independence, respect for persons, diligence and
efficiency, integrity and accountability and transparency.
Past publications
The Council has published 49 reports, discussing many aspects of the
Commonwealth’s administrative law and decision-making system. See
Appendix A for a full list of Council publications. Publication of these reports has
often been preceded by distribution of one or more consultation papers. The
Council’s reports invariably contribute to debate and discussion in the area of
administrative law. The Council places considerable emphasis on engaging with
relevant departments and agencies in this regard.
The Council also produces guidelines for agencies, decision makers, tribunals and
legislators. The impact of the Council’s reports and other publications extends
much further than the Commonwealth administrative law system. Information
and recommendations presented in these publications are often turned to by other
bodies. There is continuing demand for the Council’s earlier reports, most
notably Better Decisions: review of Commonwealth Merits Review Tribunals and What
Decisions Should Be Subject to Merits Review?
The Council continues to receive a steady stream of requests for its series of Best
Practice Guides for Administrative Decision Makers and in this reporting year, has
circulated around 260 copies of the guides to interested parties. The guides are
available on the Council’s website and the Council encourages the downloading
of the guides as a package.
The Council continues its practice of providing free copies of its reports and other
publications to educational institutions, libraries, academics and students. It sees
this as one way of participating in academic debate associated with administrative
law, both within government and in the broader community.
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The website
The website is an important window for the Council to provide information about
its membership, publications and advice and submissions given to government.
The Attorney General’s Department is responsible for updating the website.
There were 130 092 visits to the Council’s website in 2009-10, averaging 356 visits
per day.
Relationship with other bodies
The Council works to maintain links with others who have an interest and
involvement in administrative law, both overseas and at the State and Territory
level. It maintains a close association with the Council of Australasian Tribunals,
Australian Law Reform Commission, Administrative Appeals Tribunal and the
Commonwealth Ombudsman. The Council from time to time contributes to the
Australian Law Reform Commission’s journal, Reform.
Thirty-fourth annual report: 2009–10
3
7
Management and
accountability
Establishment
The Administrative Review Council is an independent statutory body provided
for under Part V of the Administrative Appeals Tribunal Act 1975. The Council is
established under section 48 of that Act and commenced operation in 1976.
Statutory Functions & Powers
The statutory functions of the Administrative Review Council are set out in
section 51 of the Administrative Appeals Tribunal Act at Appendix B.
The Council is required to keep the Commonwealth administrative law system
under review and recommend to the Attorney-General improvements that might
be made to the system. It is also required to assess the adequacy of procedures
used in exercising administrative discretions and review classes of decisions to
determine if they should be subject to administrative review. It is in fulfilment of
these review and monitoring functions that many of the Council’s reflective
reports are focussed; often commenting on developments which have not
previously been the subject of formal analysis or guidance.
The Attorney-General may give directions to the Council in relation to the
performance of its functions or the exercise of its powers (s. 51A of the Act) and
may refer matters to the Council for inquiry and report (s. 51B of the Act). The
Council reports to the Attorney-General on matters which it has inquired into
either on its own motion or as a result of reference by the Attorney-General
(s. 51C of the Act).
The Council is required to furnish an annual report to the Attorney-General for
presentation to the Parliament as soon as practicable after 30 June each year. The
report is required to be tabled within 15 sitting days of its receipt by the
Attorney-General (s. 58 of the Act).
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8
Membership
The Administrative Appeals Tribunal Act provides that the Council must consist
of the President of the Administrative Appeals Tribunal, President of the
Australian Law Reform Commission, the Commonwealth Ombudsman and up to
11 appointed members.1 Members of the Council are appointed by the
Governor-General on the recommendation of the federal Attorney-General.
The Freedom of Information (Reform) Act 2010 amends section 49 of the
Administrative Appeals Tribunal Act 1975 to include the Australian Information
Commissioner as an ex officio member of the Council. The Act was passed on
13 May 2010 and commences on 1 November 2010.
The President
The President of the Council is appointed by the Governor-General (s. 49 of
the Act). On 20 May 2010, Colin Neave AM, Chief Ombudsman, Financial
Ombudsman Service, was appointed as President of the Council for a three year
term.
Ex officio members
The three ex officio Council members at the end of the reporting period were:
President of the Administrative Appeals Tribunal,
The Hon Justice Garry Downes AM
Acting Commonwealth Ombudsman,
Mr Ron Brent
President of the Australian Law Reform Commission,
Professor Rosalind Croucher
Appointed members
Council members are appointed by the Governor-General (s. 49 of the Act).
Appointments are for up to three years, and members are eligible for
reappointment (s. 52 of the Act). To qualify for appointment to the Council,
members must satisfy one or more of the following criteria:

extensive experience at a high level in industry, commerce, public
administration, industrial relations, the practice of a profession or the service
of a government or an authority of government
1
Regulation 22 of the Administrative Appeals Tribunal Regulations 1976 prescribes 11 members
in accordance with s 49 (1)(d)(ii) of the Administrative Appeals Tribunal Act 1975.
Thirty-fourth annual report: 2009–10

extensive knowledge of administrative law or public administration, or

direct experience and direct knowledge of the needs of people or groups of
people significantly affected by government decisions (s. 50 of the Act).
9
In addition to the President of the Council, the following members formed part of
the Council for all or part of the reporting period:
Jillian Segal AM (former President), Director, National Australia Bank
Limited and Australian Stock Exchange Limited, 15 September 2005 –
14 September 2008, 3 October 2008 - 2 October 2009
Ian Carnell, former Inspector General of Intelligence and Security,
11 July 2005 – 22 March 2007 and 24 April 2007 – 31 December 2009
Professor Robin Creyke, Senior Member, Administrative Appeals
Tribunal, 8 December 1999 – 7 December 2002, 8 December 2002 –
7 December 2005 and 15 February 2006 – 14 February 2009 and
30 July 2009 – 29 July 2010
Andrew Metcalfe, Secretary, Department of Immigration and Citizenship,
17 July 2003 – 16 July 2006 and 17 July 2006 – 16 July 2009, 30 July 2009 –
29 July 2012
Linda Pearson, Commissioner, Land and Environment Court of
New South Wales, 3 October 2008 – 2 October 2009, 14 December 2009 –
13 December 2012
Dr Melissa Perry QC, Barrister, 13 April 2006 – 12 April 2009, 30 July 2009
– 29 July 2010
Brigadier Bill Rolfe AO (rtd), former Repatriation Commissioner,
4 October 2007 – 3 October 2010
Roger Wilkins AO, Secretary, Attorney-General’s Department, 30 July 2009
– 29 July 2012
Meetings
The Council meets a number of times each year in person and by teleconference.
Sub-committees are formed and also meet in relation to specific projects.
During 2009–10, Council meetings in person were held on Friday 21 August 2009
and Friday 25 September 2009. The Council held teleconferences on 12 August
and 11 September 2009 and on 1 February and 17 June 2010.
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10
Personnel & administrative functions
The Council’s personnel and administrative functions are performed by the
Attorney-General’s Department. Dedicated officers of the Administrative Law
Branch of the Department are assigned to manage the Council’s work.
Departmental officers are employed under the Public Service Act 1999. The
Council uses the policy and resources of the Department.
Information about the Department’s management and human resources policies
and practices—including certified agreements and Australian workplace
agreements, training and development strategies and outcomes, occupational
health and safety, and productivity gains—can be found in the Department’s
annual report at
<www.ag.gov.au/www/agd/agd.nsf/Page/PublicationsAnnual_Reports>.
Expenditure
The Council is funded from the budget of the Attorney-General’s Department.
The Department has sole responsibility for the Council’s expenditure and
publishes its audited financial statements in the Department’s annual report.
Consultancy services & advertising
There were no consultancies during the reporting period and the Council was not
involved in any advertising or market research activity.
Freedom of information
The Council is an agency for the purposes of the Freedom of Information Act 1982
(FOI Act). It received no requests for access to documents during the reporting
year.
Section 8 of the FOI Act requires that agencies publish specific information. The
Council’s statutory functions are set out in Appendix B. The information
required by s. 8 follows.
Arrangements for outside participation in the work of the Council
The Council issues discussion papers, preceding some of its reports, which are
distributed for comment and are generally available on the Council’s website or
on request. Final reports are made available to the public after they have been
tabled in Parliament. The papers and reports are also circulated to those with a
particular interest in the subject matter, including all State and Territory bar
associations, law societies, tribunals and universities.
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Categories of documents held by the Council
The Council maintains the following categories of documents:

annual reports, project reports, issues and discussion papers, guideline
documents and the administrative law bulletin, Admin Review

letters of advice and submissions prepared by the Council

minutes of Council meetings and documents presented at meetings

research notes and papers compiled by Departmental staff, and

correspondence and documents relating to internal administration and
management.
Access to documents
The Council’s reports are available from its website <www.law.gov.au/arc>.
All reports, discussion papers and guideline documents, as well as Admin Review,
are available from the Attorney-General’s Department and can be inspected on
request. Letters of advice are listed in the annual report and published on the
Council’s website. Minutes of Council meetings and documents presented at the
meetings are held by the Department.
It is the Council’s policy to make available copies of submissions received as part
of its consultation processes in all but two circumstances:

the person making a submission specifically requests that the confidentiality
provisions of the FOI Act apply to their submission, and

there are strong reasons for not disclosing the information in a submission—
for example, if the submission contains personal information about an
individual.
All other documents are kept on file and access to them can be sought under the
FOI Act. If it is possible to release such information, it is the Council’s policy to
do so. The Council will assist people seeking access to information to identify the
documents in question.
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12
Appendix A Reports and guidelines
issued by the Council
Reports
The following reports have been published by the Administrative Review Council
since 1976. All reports are available on the Council’s website. A number of the
reports are preceded by discussion or issues papers and these are generally
available on request. The reports are listed below in year order, starting with the
most recent.
49
Administrative Accountability in Business Areas Subject to Complex and Specific
Regulation 2008
48
The Coercive Information-gathering Powers of Government Agencies 2008
47
The Scope of Judicial Review 2006
46
Automated Assistance in Administrative Decision Making 2004
45
A Report on the Council of Australasian Tribunals 2002
44
Internal Review of Agency Decision Making 2000
43
Administrative Review of Patents Decisions 1998
42
The Contracting Out of Government Services 1998
41
Appeals from the Administrative Appeals Tribunal to the Federal Court 1997
40
Open Government: a review of the federal Freedom of Information Act 1982 1995
39
Better Decisions: review of Commonwealth Merits Review Tribunals 1995
38
Government Business Enterprises and Commonwealth Administrative Law 1995
37
Administrative Review and Funding Decisions—a case study of community
services programs 1994
36
Environmental Decisions and the Administrative Appeals Tribunal 1994
35
Rule Making by Commonwealth Agencies 1992
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13
34
Access to Administrative Review by Members of Australia’s Ethnic Communities
1991
33
Review of the Administrative Decisions (Judicial Review) Act: statements of
reasons for decisions 1991
32
Review of the Administrative Decisions (Judicial Review) Act—the ambit of the
Act 1989
31
Review of Decisions under Industry Research and Development Legislation 1988
30
Access to Administrative Review: provision of legal and financial assistance in
administrative law matters 1988
29
Constitution of the Administrative Appeals Tribunal 1987
28
Review of Customs and Excise Decisions: stage three—anti-dumping and
countervailing duty decisions 1987
27
Access to Administrative Review: stage one—notification of decisions and rights of
review 1986
26
Review of the Administrative Decisions (Judicial Review) Act: stage one 1986
25
Review of Migration Decisions 1985
24
Review of Customs and Excise Decisions: stage four—censorship 1985
23
Review of Customs and Excise Decisions: stage two 1985
22
The Relationship between the Ombudsman and the Administrative Appeals
Tribunal 1985
21
The Structure and Form of Social Security Appeals 1984
20
Review of Pension Decisions under Repatriation Legislation 1983
19
Rights of Review under the Migration Act 1958 and Related Legislation: interim
report on the constitution of the Administrative Appeals Tribunal 1983
18
Compensation (Commonwealth Government Employees) Act 1971—
amendments 1983
17
Review of Taxation Decisions by Boards of Review 1983
16
Review of Decisions under the Broadcasting and Television Act 1942 – 1982
15
Australian Federal Police Act 1979—sections 38 & 39 – 1982
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14
14
Land Use in the ACT 1981
13
Commonwealth Employees’ Compensation Tribunal 1981
12
Australian Broadcasting Tribunal Procedures 1981
11
Student Assistance Review Tribunals 1981
10
Shipping Registration Bill 1980
9
Administrative Decisions (Judicial Review) Amendment Bill 1980 – 1980
8
Social Security Appeals 1980
7
Citizenship Review and Appeals System 1980
6
Entry to Cocos (Keeling) Islands and Christmas Island 1979
5
Defence Force Ombudsman 1979
4
Administrative Appeals Tribunal Act 1975—amendments 1979
3
Review of Import Control and Customs By-Law Decisions 1979
2
Repatriation Appeals 1979
1
Administrative Decisions (Judicial Review) Act 1977—exclusions under
section 19 – 1978
Guidelines
The Council has also published guidelines for use by agencies, decision makers,
tribunals and legislators, as follows:

A Guide to Standards of Conduct for Tribunal Members 2001, revised 2009

Best Practice Guides for Administrative Decision Makers 2007

Legal Training for Primary Decision Makers: a curriculum guideline 2004

Internal Review of Agency Decision Making—a best practice guide 2000

Commentary on the Practical Guidelines for Preparing Statements of Reasons 2000,
revised 2002

Practical Guidelines for Preparing Statements of Reasons 2000, revised 2002

What Decisions Should Be Subject to Merits Review? 1999
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15
Appendix B Section 51 of the
Administrative Appeals
Tribunal Act
Section 51 of the Administrative Appeals Tribunal Act 1975 describes the functions
and powers of the Administrative Review Council:
51(1)
The functions of the Council are:
(aa)
to keep the Commonwealth administrative law system
under review, monitor developments in administrative
law and recommend to the Minister improvements that
might be made to the system; and
(ab)
to inquire into the adequacy of the procedures used by
authorities of the Commonwealth and other persons who
exercise administrative discretions or make
administrative decisions, and consult with and advise
them about those procedures, for the purpose of ensuring
that the discretions are exercised, or the decisions are
made, in a just and equitable manner; and
(a)
to ascertain, and keep under review, the classes of
administrative decisions that are not the subject of review
by a court, tribunal or other body;
(b)
to make recommendations to the Minister as to whether
any of those classes of decisions should be the subject of
review by a court, tribunal or other body and, if so, as to
the appropriate court, tribunal or other body to make that
review;
(c)
to inquire into the adequacy of the law and practice
relating to the review by the courts of administrative
decisions and to make recommendations to the Minister
as to any improvements that might be made in that law or
practice;
(d)
to inquire into:
(i)
the qualification required for membership of
authorities of the Commonwealth, and the
qualifications required by other persons, engaged
in the review of administrative decisions; and
(ii)
the extent of the jurisdiction to review
administrative decisions that is conferred on
those authorities and other persons; and
Thirty-fourth annual report: 2009–10
16
(iii)
the adequacy of the procedures used by those
authorities and other persons in the exercise of
that jurisdiction;
and to consult with and advise those authorities and
other persons about the procedures used by them as
mentioned in subparagraph (iii) and recommend to the
Minister any improvements that might be made in
respect of any of the matters referred to in subparagraphs
(i), (ii) and (iii); and
(e)
to make recommendations to the Minister as to the
manner in which tribunals engaged in the review of
administrative decisions should be constituted;
(f)
to make recommendations to the Minister as to the
desirability of administrative decisions that are the
subject of review by tribunals other than the
Administrative Appeals Tribunal being made the subject
of review by the Administrative Appeals Tribunal; and
(g)
to facilitate the training of members of authorities of the
Commonwealth and other persons in exercising
administrative discretions or making administrative
decisions; and
(h)
to promote knowledge about the Commonwealth
administrative law system; and
(i)
to consider, and report to the Minister on, matters
referred to the Council by the Minister.
(2)
The Council may do all things necessary or convenient to be done
for or in connection with the performance of its functions.
(3)
If the Council holds an inquiry, or gives any advice, referred to in
paragraph (1)(ab), the Council must give the Minister a copy of
any findings made by the Council in the inquiry or a copy of the
advice, as the case may be.