Defence Honours and Awards Appeals Tribunal Amendment Procedural Rule 2013 (No. 1) (Cth)

Defence Honours and Awards Appeals Tribunal Amendment Procedural Rule 2013 (No. 1)

I, Alan Rose, Chair of the Defence Honours and Awards Appeals Tribunal, make the following procedural rule under subsection 110XH(1) of the Defence Act 1903.

Dated 28 November 2013

Alan Rose

Chair

Contents

1............ Name of procedural rule................................................................................................ 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedule(s).................................................................................................................... 1

Schedule 1—Amendments  2

Defence Honours and Awards Appeals Tribunal Procedural Rules 2011  2

1  Name of procedural rule

This procedural rule is the Defence Honours and Awards Appeals Tribunal Amendment Procedural Rule 2013 (No. 1).

2  Commencement

This procedural rule commences on the day after it is registered.

3  Authority

This procedural rule is made under subsection 110XH(1) of the Defence Act 1903.

4  Schedule(s)

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Defence Honours and Awards Appeals Tribunal Procedural Rules 2011

1  Rule 15

Repeal the rule, substitute:

15  Making Tribunal’s decisions available

(1)  The Tribunal must give the applicant and the Secretary a copy of its decision on the review of a reviewable decision as soon as practicable after it has made the decision.

Defence honour

(2)  If the hearing of a review of a reviewable decision in relation to a defence honour was conducted wholly in public:

(a)  the Tribunal must publish the decision on the review on its website; and

(b)  the published version of the decision must not contain classified material.

(3)  If the hearing of a review of a reviewable decision in relation to a defence honour was conducted wholly or partly in private:

(a)  the Chair must decide whether to publish the decision on the review on the Tribunal’s website; and

(b)  any published version of the decision must not contain classified material.

Defence award or foreign award

(4)  For a decision on the review of a reviewable decision in relation to a defence award or a foreign award:

(a)  the Tribunal must publish the decision on its website; and

(b)  the Chair may decide not to publish the name of the person to whom the award relates or any other information that is likely to identify that person; and

(c)  the published version of the decision must not contain classified material.