Defence Honours and Awards Appeals Tribunal Amendment Procedural Rule (No. 1) 2018 (Cth)

Defence Honours and Awards Appeals Tribunal Amendment Procedural Rule (No. 1) 2018

I, Mark Sullivan, Chair of the Defence Honours and Awards Appeals Tribunal, make the following procedural rule.

Dated

18 May 2018

Mark Sullivan

Chair

Contents

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1Name

This instrument is the Defence Honours and Awards Appeals Tribunal Amendment Procedural Rule (No. 1) 2018.

2Commencement

This instrument commences the day after this instrument is registered.

3Authority

This instrument is made under section 110XH of the Defence Act 1903.

4

Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 3 (definition of Regulations)

Repeal the definition, substitute:

Regulations means the Defence Regulation 2016.

2

Subrule 7(3)

Repeal the subrule, substitute:

1. (3)

   If the Secretary is given an application under subrule (1), the Secretary must give the Tribunal a report on the reviewable decision to which the application relates within:

   (a) if the application relates to a defence award, 30 working days after the day the Secretary receives the application;

   (b) if the application relates to a defence honour, 60 working days after the day the Secretary receives the application.

3

Rule 11 (heading)

Omit “of defence honour”.

4

Subrule 11(1)

After “Chair”, insert “or the presiding Tribunal member”.

5

Subrule 11(1)

Omit “in relation to a defence honour”.

6

Subrule 11(2)

After “Chair”, insert “or the presiding Tribunal member”.

7

Subrule 11(3)

After “Chair”, insert “or the presiding Tribunal member”.

8

Subrule 11(4)

After “Chair”, insert “or the presiding Tribunal member”.

9

Rule 12

Repeal the rule, substitute:

12 Review may be conducted without a hearing

1. (1)

   The Chair may direct that a review of a reviewable decision may be conducted without a hearing.

2. (2)

   The Chair must not make a direction under subrule (1) unless the applicant and the Secretary have agreed that the review may be conducted without a hearing.

10 Subrule 13(2)

Repeal the subrule, substitute:

1. (2)

   The Tribunal may agree to a written request by the applicant that the applicant be represented at the hearing by another person.

11 After subrule 13(2)

Insert:

1. (2A)

   The reference to another person in subrule (2) includes a reference to a legal practitioner.

12 Subrule 13(3)

Omit “subrule (2)”, substitute “subrule (2A)”.

13

Paragraph 13(3)(b)

Omit “barrister or solicitor”, substitute “lawyer, barrister, solicitor or legal practitioner”.

14

Subrule 15(2) (heading)

Repeal the heading.

15 Subrule 15(2)

Omit “in relation to a defence honour”.

16 Subrule 15(3)

Omit “in relation to a defence honour”.

17 Subrule 15(4) (heading)

Repeal the heading.

18 Subrule 15(4)

Repeal the subrule, substitute:

1. (4)

   If a review of a reviewable decision was conducted without a hearing:

   1. (a)

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

   2. (b)

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

2. (5)

   The Chair may decide not to publish the name of a person to whom an honour or award relates or any other information that is likely to identify that person.