Ann: PEP11 Update, page-233

Have to see what the govt does.

it’s definitely not a normal application: normally as we have discussed you bring a writ of mandamas to compel an authority to make a decision. The mechanism is there in sect 75 of the constitution.

but as others pointed out it’s a big call to do that because it’s an action in the high court and may take quite a long time to get heard and the govt probably is more minded to defend a powerful action like that in the high court.

the federal court is a lot quicker and it seems they have tried to structure the same principle of a mandalas action and try to get a compulsion order.

its clever because they are trying to overcome the frustrating problem of only being able to apply for a judicial review of the decision once it’s made. The govt has been avoiding this by simply not making a decision therefore leaving us legally stranded.

as I said it’s clever because they have been able to structure something to try and bring it to a head.

since there is no legislated time frame for a decision to be made that may prove problematic.

hopefully it’s jolted the pollies into action which I assume it was designed to do:

hopefully they don’t have the appetite for a confrontation and make a decision either way.