PSR Annual Report 2006-07

• Contents
• Letter of Transmittal
• Director’s report
• Agency overview
• Report on performance
  • Outcome and output structure
  • Performance
  • Committee reports
  • Determining Authority 2 activities
  • Referrals to Medical Boards
  • Re-referrals
  • Negotiated agreements ratified by the Determining Authority
  • Final determinations made by the Determining Authority
  • External review of actions
  • Administrative Appeals Tribunal
  • Constitutional challenge
  • Outcomes
• Management and accountability
• Appendix 1: Financial Statements
• Appendix 2: Freedom of information statement
• Glossary

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Report on performance

Constitutional challenge

As previously reported,^[34] several practitioners under review have challenged the constitutional validity of the PSR Scheme in relation to ‘civil conscription’ and ‘judicial power’ (sections 51(xxiiiA) and 71 respectively of the Constitution). Some 14 cases are now awaiting resolution of those issues. Stone J dismissed one such challenge, involving Dr Selim, in 2006.^[35] That decision has been appealed to the Full Federal Court. Meanwhile, two applications (Drs Dimian and Wong) direct to the High Court on constitutional grounds were remitted to the Full Federal Court. The Full Federal Court heard these matters, together with the Selim appeal, on 5–6 March 2007. At the time of writing the decision is awaited.

• ^[34] PSR Annual Report 2004–05 pp. 54–56 and PSR Annual Report 2005–06 pp. 48–51, 53.
• ^[35] Selim v Lele [2006] FCA 126.

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