Opinion No. 855
WHETHER QUESTIONS REQUIRING DETERMINA TION BY STATE REP A TRIA TION BOARDS CAN BE REMITTED TO COMMITTEES OF BOARD MEMBERS FOR FINAL DETERMINATION
AUSTRALIAN SOLDIERS' REPATRIATION ACT 1917: AUSTRALIAN SOLDIERS-REPATRIATION REGULATIONS 1918
07 June 1918
The Comptroller, Department of Repatriation
The following notice of motion to be submitted to the State Board of Victoria, has been forwarded to me for advice:
That the decisions in Committee on cases brought before the Board be considered as final, pending the signature of the Chairman of the Board, and the Chairman having ruled that this motion would be illegal, and of no effect if carried, this Board requests an expression of opinion be secured from the Minister on this point.
The notice of motion which the Chairman of the Board declared to be illegal was:
That the decisions in Committee on cases brought before the Board be considered as final pending the signature of the Chairman of the Board.
It is assumed that the intention of the person giving notice is that decisions in Committee are to be regarded as final unless the Chairman of the Board refuses approval.
In my opinion, it is not competent for a State Board to remit to a Committee of members of the Board for final determination, questions which are required, by the Australian Soldiers' Repatriation Act and Regulations, to be determined by the Board.
If it is desired that matter, within the jurisdiction of a State Board, should be considered by a Committee, the determinations of the Committee should be submitted to the Board, and, if approved, issued as decisions of the Board.
[Vol. 15, p. 436]