IMO
Before Wednesday's hearing... I thought i would give a quick summary:
1. NOPTA is the department set up under the OPGGS Act to assess and recommend to JA Authority. So in my opinion - NOPTA IS the legal entity and their recommendation is the only LEGAL decision that can be made in accordance with the law.
2. The most powerful person in OZ - the PM - could not kill off PEP11. He had approx 20 months from April 2020 (NOPTA Recommendation to JA) until December 2021 (when he finally decided to send an NOIR to Asset) - to come up with a legal reason to refuse the application. The reasons he stated in his refusal (IMO) were so weak that the Labor Govt decided not to defend it and have not used it again since the Consent Order.
3. It is now another 18 months since the Consent Order and 10 months since NOPTAs recommendations (for both applications) were sent to the JA.
4. Application to the Federal Court by Asset requests ONLY that the Justice order the JA to make a decision on both applications within a 45 day time frame.
So here we are... days away from the most important event since Consent Order.
IMO
Model Litigant/Duty of Care/Model Citizen/Fairness/Equality/No harm/ and all that stuff..................................... would apply to you FEDs (and U tooo NSW!) - at the very least for the past 10 months since you received the NOPTA recommendations and have delayed.
ME-D-8
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