Defence Honours and Awards Appeals Tribunal Amendment Procedural Rule (No. 1) 2019 (Cth)

Defence Honours and Awards Appeals Tribunal Amendment Procedural Rule (No. 1) 2019

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

Dated 7 February 2019

Mark Sullivan

Chair

Contents

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1Name

This instrument is the Defence Honours and Awards Appeals Tribunal Amendment Procedural Rule (No. 1) 2019.

2Commencement

This instrument commences the day after this instrument is registered.

3Authority

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

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 1Amendments

Defence Honours and Awards Appeals Tribunal Procedural Rules 2011

1

Subrules 15(2) to (5)

Repeal the subrules, substitute:

1. (2)

   Subrule (1) does not apply if the Tribunal’s decision includes a recommendation in relation to the Victoria Cross for Australia or the Victoria Cross.

2. (3)

   If the Tribunal’s decision includes a recommendation in relation to the Victoria Cross for Australia or the Victoria Cross, the Tribunal must give the applicant and the Secretary a copy of the decision as soon as practicable after the outcome of the recommendation has been determined.

2 After rule 15

Insert:

15A

Publication of Tribunal’s decisions

1. (1)

   If the hearing of the review was conducted wholly in public:

   1. (a)

      the Tribunal must publish the decision on its website; and

   2. (b)

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

2. (2)

   If the hearing of the review was conducted wholly or partly in private:

   1. (a)

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

   2. (b)

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

3. (3)

   If the review was conducted without a hearing:

   1. (a)

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

   2. (b)

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

4. (4)

   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.

5. (5)

   If a decision includes a recommendation in relation to the Victoria Cross for Australia or the Victoria Cross, the decision must not be published on the Tribunal’s website before the outcome of the Tribunal’s recommendation has been determined.