{"id":"F2011L00816","name":"Defence Honours and Awards Appeals Tribunal Procedural Rules 2011","slug":"defence-honours-and-awards-appeals-tribunal-procedural-rules-2011","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":86510,"registerId":"commonwealth-F2011L00816-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of procedural rules","content":"#### 1 Name of procedural rules\n\n  These procedural rules are the Defence Honours and Awards Appeals Tribunal Procedural Rules 2011.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n  In these procedural rules:\n\n> Act means the Defence Act 1903.\n\n> approved form means a form approved under rule 4.\n\n> audio link means a system of 2‑way communication linking different places so that a person speaking at 1 of them can be heard at the other places.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at 1 of them can be seen and heard at the other places.\n\n  Regulations means the Defence Regulation 2016.\n\n> Note 1: Several other words and expressions used in these procedural rules have the meaning given by section 110T of the Act, for example:\n\n     Chair\n     defence award\n     defence honour\n     foreign award\n     inquiry\n     reviewable decision\n     review of a reviewable decision\n     Tribunal\n     Tribunal member\n     Tribunal proceeding.\n\n> Note 2: For the definition of Secretary, see subsection 4(1) of the Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Forms","content":"#### 4 Forms\n\n  (1) The Chair may approve forms for these procedural rules.\n  (2) Approved forms must be published on the Tribunal website.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Review of reviewable decisions by Tribunal","content":"## Part 1—Preliminary\n\n#### 1 Name of procedural rules\n\n  These procedural rules are the Defence Honours and Awards Appeals Tribunal Procedural Rules 2011.\n\n#### 3 Definitions\n\n  In these procedural rules:\n\n> Act means the Defence Act 1903.\n\n> approved form means a form approved under rule 4.\n\n> audio link means a system of 2‑way communication linking different places so that a person speaking at 1 of them can be heard at the other places.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at 1 of them can be seen and heard at the other places.\n\n  Regulations means the Defence Regulation 2016.\n\n> Note 1: Several other words and expressions used in these procedural rules have the meaning given by section 110T of the Act, for example:\n\n     Chair\n     defence award\n     defence honour\n     foreign award\n     inquiry\n     reviewable decision\n     review of a reviewable decision\n     Tribunal\n     Tribunal member\n     Tribunal proceeding.\n\n> Note 2: For the definition of Secretary, see subsection 4(1) of the Act.\n\n#### 4 Forms\n\n  (1) The Chair may approve forms for these procedural rules.\n  (2) Approved forms must be published on the Tribunal website.\n\n## Part 2—Review of reviewable decisions by Tribunal\n\n### Division 2.1—Applications for review\n\n#### 5 Making applications\n\n  An application for review of a reviewable decision must be in accordance with an approved form.\n\n#### 6 What Tribunal may do with applications\n\n  (1) The Tribunal may use the application to conduct its own research into the reviewable decision.\n  (2) The Tribunal’s research may include giving the application for comment to:\n    (a) a person or organisation considered by the Tribunal to be appropriate; and\n    (b) a person or organisation the subject of adverse comment in the application.\n  (3) For paragraph (2)(a), the grounds on which the Tribunal may decide that a person or organisation is appropriate include:\n    (a) that the person or organisation has the capacity to assist with the review of the reviewable decision; and\n    (b) that the person or organisation has an interest in the reviewable decision.\n\n#### 7 Report by Secretary\n\n  (1) The Tribunal may give an application to the Secretary.\n  (2) The Secretary may give the application for comment to:\n    (a) a person in the Department; and\n    (b) a person in the Defence Force.\n  (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:\n    (a) if the application relates to a defence award, 30 working days after the day the Secretary receives the application;\n    (b) if the application relates to a defence honour, 60 working days after the day the Secretary receives the application.\n  (4) The report must include the following:\n    (a) the findings on material questions of fact and the reasons for the decision;\n    (b) a reference to the evidence on which the findings were based;\n    (c) if the evidence mentioned in paragraph (b) is in an unclassified document—a copy of the evidence;\n    (d) each other unclassified document under the Department’s control or in the Department’s possession that is relevant to the reviewable decision.\n  (5) The Secretary must:\n    (a) prepare a list of all classified documents under the Department’s control or in the Department’s possession that are relevant to the reviewable decision; and\n    (b) give the list to a Tribunal member who holds a security clearance for accessing the documents within 30 working days after the day the Secretary receives the application; and\n    (c) if a Tribunal member who holds a security clearance for accessing a document on the list requests access to the document—give that Tribunal member a specified number of copies of the document within 10 working days after the day the Secretary receives the request.\n  (6) The Tribunal may approve, in writing, a written request from the Secretary for more time to prepare the report or the list.\n  (7) The approval must state the additional time approved by the Tribunal.\n\n#### 8 Applicant may respond to report\n\n  (1) After receiving a report mentioned in subrule 7(3), the Tribunal must:\n    (a) give a copy of the report to the applicant within 10 working days; and\n    (b) tell the applicant that the applicant may give the Tribunal a written response to the report within 20 working days after the day the applicant receives the report.\n  (2) The Tribunal may approve, in writing, a written request by the applicant for more time to prepare the response.\n  (3) The approval must state the additional time approved by the Tribunal.\n\n#### 9 Other documents held by Department\n\n  (1) Subrule (2) applies if the Tribunal believes, on reasonable grounds, that not all of the documents under the Department’s control or in the Department’s possession have been:\n    (a) included in a report provided to the Tribunal under subrule 7(4); or\n    (b) listed for the Tribunal under paragraph 7(5)(a).\n  (2) The Tribunal may direct the Secretary:\n    (a) to give the Tribunal a specified number of copies of a document identified by the Tribunal within a specified time; and\n    (b) to search for further documents; and\n    (c) to give the Tribunal a specified number of copies of the further documents within a specified time.\n\n#### 10 Other documents held by other person or organisation\n\n  A person or organisation other than the Department must comply with a request by the Tribunal to provide a specified number of copies of a document within a specified time.\n\n### Division 2.2—Conduct of reviews\n\n#### 11 Review hearing may be public or private\n\n  (1) Subject to a direction of the Chair or the presiding Tribunal member under subrule (2), a hearing of a review of a reviewable decision must be conducted in public.\n  (2) The Chair or the presiding Tribunal member may direct that the hearing be conducted:\n    (a) in private; or\n    (b) partly in public and partly in private.\n  (3) For subrule (2), the grounds on which the Chair or the presiding Tribunal member may decide that the hearing be conducted wholly or partly in private include the following:\n    (a) that the matter under review is sensitive;\n    (b) that privacy is required to ensure fairness to a person involved or mentioned in the review;\n    (c) that the review involves matters of national security.\n  (4) The Chair or the presiding Tribunal member may give directions as to who may be present at a hearing that is conducted wholly or partly in private.\n\n#### 12 Review may be conducted without a hearing\n\n  (1) The Chair may direct that a review of a reviewable decision may be conducted without a hearing.\n  (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.\n\n#### 13 Making oral submissions at review hearing\n\n  (1) The Tribunal:\n    (a) must agree to a written request by an applicant to make an oral submission at a hearing of the review of a reviewable decision; and\n    (b) may invite another person to make an oral submission at the hearing; and\n    (c) may direct that an oral submission be made in person or by audio link or audiovisual link.\n  (2) The Tribunal may agree to a written request by the applicant that the applicant be represented at the hearing by another person.\n  (2A) The reference to another person in subrule (2) includes a reference to a legal practitioner.\n  (3) The reference to a legal practitioner in subrule (2A) includes a reference to a person who:\n    (a) holds a degree of Bachelor of Laws, Master of Laws, Doctor of Laws or Bachelor of Legal Studies; or\n    (b) is otherwise qualified for admission as a lawyer, barrister, solicitor or legal practitioner of the High Court or of the Supreme Court of a State or Territory.\n\n#### 14 Secretary must assist Tribunal\n\n  The Secretary must use his or her best endeavours to assist the Tribunal in relation to the review.\n\n#### 15 Making Tribunal’s decisions available\n\n  (1) Where a decision includes a recommendation to a Minister, the Tribunal must give that Minister and the Secretary and the applicant a copy of its decision on the review of a reviewable decision within a reasonable period after it has made the decision.\n  (2) Where a decision does not include a recommendation to a Minister, the Tribunal must give the Secretary and the applicant a copy of its decision on the review of a reviewable decision within a reasonable period after it has made the decision.\n\n#### 15A Publication of Tribunal’s decisions\n\n  (1) If the hearing of the review was conducted wholly in public:\n    (a) the Tribunal must publish the decision on its website; and\n    (b) the published version of the decision must not contain classified material.\n  (2) If the hearing of the review was conducted wholly or partly in private:\n    (a) the Chair must decide whether to publish the decision on the Tribunal’s website; and\n    (b) any published version of the decision must not contain classified material.\n  (3) If the review was conducted without a hearing:\n    (a) the Chair must decide whether to publish the decision on the Tribunal’s website; and\n    (b) any published version of the decision must not contain classified material.\n  (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.\n\n## Part 3—Inquiries by Tribunal\n\n### Division 3.1—Written submissions to inquiry\n\n#### 16 Public call for written submissions\n\n  (1) The Tribunal may call for written submissions to an inquiry.\n  (2) Unless the Chair decides otherwise, the call for written submissions must be published:\n    (a) in a newspaper circulating nationally; and\n    (b) in any other manner the Chair decides is appropriate.\n  (3) The closing date for written submissions must be at least 20 working days after the day of the first publication of the call for written submissions.\n  (4) The Tribunal may accept a written submission after the closing date.\n\n#### 17 Making written submissions to inquiry\n\n  A written submission to an inquiry must be in accordance with an approved form.\n\n#### 18 What Tribunal may do with written submissions\n\n  The Tribunal’s powers in relation to written submissions are the same as its powers in relation to an application mentioned in rule 6.\n\n### Division 3.2—Conduct of inquiries\n\n#### 19 Inquiries to be public\n\n  (1) Subject to subrule (2), a hearing of an inquiry must be conducted in public.\n  (2) The Chair may direct that the hearing be conducted:\n    (a) in private; or\n    (b) partly in public and partly in private.\n  (3) For subrule (2), the grounds on which the Chair may decide that the hearing be conducted wholly or partly in private are those mentioned in subrule 11(3).\n  (4) The Chair may give directions as to who may be present at a hearing that is conducted wholly or partly in private.\n\n#### 20 Tribunal may invite person to make oral submission\n\n  (1) The Tribunal may:\n    (a) invite a person to make an oral submission at the hearing; and\n    (b) direct that the person make the oral submission in person or by audio link or audiovisual 34; and\n    (c) agree to a written request by the person that the person be represented at the hearing by a person who is not a legal practitioner.\n  (2) The reference to a legal practitioner in paragraph (1)(c) includes a reference to a person mentioned in paragraph 13(3)(a) or (b).\n\n### Division 3.3—Tribunal report on inquiry\n\n#### 21 Publication of report on inquiry\n\n  (1) The Tribunal must publish its report on the Tribunal website within 20 working days after the day it gives the report to the Minister under paragraph 110W(2)(b) of the Act.\n  (2) The published report must not contain classified material.\n\n## Part 4—General provisions relating to operation of Tribunal\n\n#### 22 Procedure of Tribunal\n\n  (1) Subject to the Act and the Regulations, the procedure of the Tribunal is at the discretion of the Tribunal.\n  (2) The Tribunal must conduct its proceedings with as little formality and technicality, and with as much expedition, as the requirements of the Act and the Regulations and a proper consideration of the matters before the Tribunal permit.\n  (3) The Tribunal is not bound by the rules of evidence but may inform itself on any matter in any way it considers appropriate.\n\n#### 23 Summons\n\n  (1) For paragraph 110XH(2)(h) of the Act, a summons must be in accordance with an approved form.\n  (2) Service of the summons on a person must be made by:\n    (a) giving a copy of the summons to the person; and\n    (b) at the same time as the copy is given to the person, showing the person the original of the summons.\n\n#### 24 Oath or affirmation for witnesses\n\n  Except in special circumstances. the Tribunal must require a person who gives evidence before the Tribunal to take an oath or make an affirmation.\n\n#### 25 Recording of Tribunal proceedings\n\n  (1) The Tribunal may:\n    (a) record a Tribunal proceeding; and\n    (b) make a transcript of the recording for its own purposes.\n  (2) If the Tribunal records a Tribunal proceeding, the Tribunal must:\n    (a) tell persons attending the proceeding that their evidence will be recorded; and\n    (b) give a person who gives evidence at the proceeding an electronic copy of the person’s evidence on request.\n\n#### 26 Adjournment of proceedings\n\n  The Tribunal may adjourn a Tribunal proceeding at any time.\n\n#### 27 Tribunal powers in relation to documents\n\n  The Tribunal may:\n    (a) retain a document given to the Tribunal under a provision of these procedural rules or under subsection 110XC(1) of the Act for as long as the Tribunal considers necessary; and\n    (b) make copies of or take extracts from the document.","sortOrder":4},{"sectionNumber":"Division 2.1","sectionType":"division","heading":"Applications for review","content":"## Part 1—Preliminary\n\n#### 1 Name of procedural rules\n\n  These procedural rules are the Defence Honours and Awards Appeals Tribunal Procedural Rules 2011.\n\n#### 3 Definitions\n\n  In these procedural rules:\n\n> Act means the Defence Act 1903.\n\n> approved form means a form approved under rule 4.\n\n> audio link means a system of 2‑way communication linking different places so that a person speaking at 1 of them can be heard at the other places.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at 1 of them can be seen and heard at the other places.\n\n  Regulations means the Defence Regulation 2016.\n\n> Note 1: Several other words and expressions used in these procedural rules have the meaning given by section 110T of the Act, for example:\n\n     Chair\n     defence award\n     defence honour\n     foreign award\n     inquiry\n     reviewable decision\n     review of a reviewable decision\n     Tribunal\n     Tribunal member\n     Tribunal proceeding.\n\n> Note 2: For the definition of Secretary, see subsection 4(1) of the Act.\n\n#### 4 Forms\n\n  (1) The Chair may approve forms for these procedural rules.\n  (2) Approved forms must be published on the Tribunal website.\n\n## Part 2—Review of reviewable decisions by Tribunal\n\n### Division 2.1—Applications for review\n\n#### 5 Making applications\n\n  An application for review of a reviewable decision must be in accordance with an approved form.\n\n#### 6 What Tribunal may do with applications\n\n  (1) The Tribunal may use the application to conduct its own research into the reviewable decision.\n  (2) The Tribunal’s research may include giving the application for comment to:\n    (a) a person or organisation considered by the Tribunal to be appropriate; and\n    (b) a person or organisation the subject of adverse comment in the application.\n  (3) For paragraph (2)(a), the grounds on which the Tribunal may decide that a person or organisation is appropriate include:\n    (a) that the person or organisation has the capacity to assist with the review of the reviewable decision; and\n    (b) that the person or organisation has an interest in the reviewable decision.\n\n#### 7 Report by Secretary\n\n  (1) The Tribunal may give an application to the Secretary.\n  (2) The Secretary may give the application for comment to:\n    (a) a person in the Department; and\n    (b) a person in the Defence Force.\n  (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:\n    (a) if the application relates to a defence award, 30 working days after the day the Secretary receives the application;\n    (b) if the application relates to a defence honour, 60 working days after the day the Secretary receives the application.\n  (4) The report must include the following:\n    (a) the findings on material questions of fact and the reasons for the decision;\n    (b) a reference to the evidence on which the findings were based;\n    (c) if the evidence mentioned in paragraph (b) is in an unclassified document—a copy of the evidence;\n    (d) each other unclassified document under the Department’s control or in the Department’s possession that is relevant to the reviewable decision.\n  (5) The Secretary must:\n    (a) prepare a list of all classified documents under the Department’s control or in the Department’s possession that are relevant to the reviewable decision; and\n    (b) give the list to a Tribunal member who holds a security clearance for accessing the documents within 30 working days after the day the Secretary receives the application; and\n    (c) if a Tribunal member who holds a security clearance for accessing a document on the list requests access to the document—give that Tribunal member a specified number of copies of the document within 10 working days after the day the Secretary receives the request.\n  (6) The Tribunal may approve, in writing, a written request from the Secretary for more time to prepare the report or the list.\n  (7) The approval must state the additional time approved by the Tribunal.\n\n#### 8 Applicant may respond to report\n\n  (1) After receiving a report mentioned in subrule 7(3), the Tribunal must:\n    (a) give a copy of the report to the applicant within 10 working days; and\n    (b) tell the applicant that the applicant may give the Tribunal a written response to the report within 20 working days after the day the applicant receives the report.\n  (2) The Tribunal may approve, in writing, a written request by the applicant for more time to prepare the response.\n  (3) The approval must state the additional time approved by the Tribunal.\n\n#### 9 Other documents held by Department\n\n  (1) Subrule (2) applies if the Tribunal believes, on reasonable grounds, that not all of the documents under the Department’s control or in the Department’s possession have been:\n    (a) included in a report provided to the Tribunal under subrule 7(4); or\n    (b) listed for the Tribunal under paragraph 7(5)(a).\n  (2) The Tribunal may direct the Secretary:\n    (a) to give the Tribunal a specified number of copies of a document identified by the Tribunal within a specified time; and\n    (b) to search for further documents; and\n    (c) to give the Tribunal a specified number of copies of the further documents within a specified time.\n\n#### 10 Other documents held by other person or organisation\n\n  A person or organisation other than the Department must comply with a request by the Tribunal to provide a specified number of copies of a document within a specified time.\n\n### Division 2.2—Conduct of reviews\n\n#### 11 Review hearing may be public or private\n\n  (1) Subject to a direction of the Chair or the presiding Tribunal member under subrule (2), a hearing of a review of a reviewable decision must be conducted in public.\n  (2) The Chair or the presiding Tribunal member may direct that the hearing be conducted:\n    (a) in private; or\n    (b) partly in public and partly in private.\n  (3) For subrule (2), the grounds on which the Chair or the presiding Tribunal member may decide that the hearing be conducted wholly or partly in private include the following:\n    (a) that the matter under review is sensitive;\n    (b) that privacy is required to ensure fairness to a person involved or mentioned in the review;\n    (c) that the review involves matters of national security.\n  (4) The Chair or the presiding Tribunal member may give directions as to who may be present at a hearing that is conducted wholly or partly in private.\n\n#### 12 Review may be conducted without a hearing\n\n  (1) The Chair may direct that a review of a reviewable decision may be conducted without a hearing.\n  (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.\n\n#### 13 Making oral submissions at review hearing\n\n  (1) The Tribunal:\n    (a) must agree to a written request by an applicant to make an oral submission at a hearing of the review of a reviewable decision; and\n    (b) may invite another person to make an oral submission at the hearing; and\n    (c) may direct that an oral submission be made in person or by audio link or audiovisual link.\n  (2) The Tribunal may agree to a written request by the applicant that the applicant be represented at the hearing by another person.\n  (2A) The reference to another person in subrule (2) includes a reference to a legal practitioner.\n  (3) The reference to a legal practitioner in subrule (2A) includes a reference to a person who:\n    (a) holds a degree of Bachelor of Laws, Master of Laws, Doctor of Laws or Bachelor of Legal Studies; or\n    (b) is otherwise qualified for admission as a lawyer, barrister, solicitor or legal practitioner of the High Court or of the Supreme Court of a State or Territory.\n\n#### 14 Secretary must assist Tribunal\n\n  The Secretary must use his or her best endeavours to assist the Tribunal in relation to the review.\n\n#### 15 Making Tribunal’s decisions available\n\n  (1) Where a decision includes a recommendation to a Minister, the Tribunal must give that Minister and the Secretary and the applicant a copy of its decision on the review of a reviewable decision within a reasonable period after it has made the decision.\n  (2) Where a decision does not include a recommendation to a Minister, the Tribunal must give the Secretary and the applicant a copy of its decision on the review of a reviewable decision within a reasonable period after it has made the decision.\n\n#### 15A Publication of Tribunal’s decisions\n\n  (1) If the hearing of the review was conducted wholly in public:\n    (a) the Tribunal must publish the decision on its website; and\n    (b) the published version of the decision must not contain classified material.\n  (2) If the hearing of the review was conducted wholly or partly in private:\n    (a) the Chair must decide whether to publish the decision on the Tribunal’s website; and\n    (b) any published version of the decision must not contain classified material.\n  (3) If the review was conducted without a hearing:\n    (a) the Chair must decide whether to publish the decision on the Tribunal’s website; and\n    (b) any published version of the decision must not contain classified material.\n  (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.\n\n## Part 3—Inquiries by Tribunal\n\n### Division 3.1—Written submissions to inquiry\n\n#### 16 Public call for written submissions\n\n  (1) The Tribunal may call for written submissions to an inquiry.\n  (2) Unless the Chair decides otherwise, the call for written submissions must be published:\n    (a) in a newspaper circulating nationally; and\n    (b) in any other manner the Chair decides is appropriate.\n  (3) The closing date for written submissions must be at least 20 working days after the day of the first publication of the call for written submissions.\n  (4) The Tribunal may accept a written submission after the closing date.\n\n#### 17 Making written submissions to inquiry\n\n  A written submission to an inquiry must be in accordance with an approved form.\n\n#### 18 What Tribunal may do with written submissions\n\n  The Tribunal’s powers in relation to written submissions are the same as its powers in relation to an application mentioned in rule 6.\n\n### Division 3.2—Conduct of inquiries\n\n#### 19 Inquiries to be public\n\n  (1) Subject to subrule (2), a hearing of an inquiry must be conducted in public.\n  (2) The Chair may direct that the hearing be conducted:\n    (a) in private; or\n    (b) partly in public and partly in private.\n  (3) For subrule (2), the grounds on which the Chair may decide that the hearing be conducted wholly or partly in private are those mentioned in subrule 11(3).\n  (4) The Chair may give directions as to who may be present at a hearing that is conducted wholly or partly in private.\n\n#### 20 Tribunal may invite person to make oral submission\n\n  (1) The Tribunal may:\n    (a) invite a person to make an oral submission at the hearing; and\n    (b) direct that the person make the oral submission in person or by audio link or audiovisual 34; and\n    (c) agree to a written request by the person that the person be represented at the hearing by a person who is not a legal practitioner.\n  (2) The reference to a legal practitioner in paragraph (1)(c) includes a reference to a person mentioned in paragraph 13(3)(a) or (b).\n\n### Division 3.3—Tribunal report on inquiry\n\n#### 21 Publication of report on inquiry\n\n  (1) The Tribunal must publish its report on the Tribunal website within 20 working days after the day it gives the report to the Minister under paragraph 110W(2)(b) of the Act.\n  (2) The published report must not contain classified material.\n\n## Part 4—General provisions relating to operation of Tribunal\n\n#### 22 Procedure of Tribunal\n\n  (1) Subject to the Act and the Regulations, the procedure of the Tribunal is at the discretion of the Tribunal.\n  (2) The Tribunal must conduct its proceedings with as little formality and technicality, and with as much expedition, as the requirements of the Act and the Regulations and a proper consideration of the matters before the Tribunal permit.\n  (3) The Tribunal is not bound by the rules of evidence but may inform itself on any matter in any way it considers appropriate.\n\n#### 23 Summons\n\n  (1) For paragraph 110XH(2)(h) of the Act, a summons must be in accordance with an approved form.\n  (2) Service of the summons on a person must be made by:\n    (a) giving a copy of the summons to the person; and\n    (b) at the same time as the copy is given to the person, showing the person the original of the summons.\n\n#### 24 Oath or affirmation for witnesses\n\n  Except in special circumstances. the Tribunal must require a person who gives evidence before the Tribunal to take an oath or make an affirmation.\n\n#### 25 Recording of Tribunal proceedings\n\n  (1) The Tribunal may:\n    (a) record a Tribunal proceeding; and\n    (b) make a transcript of the recording for its own purposes.\n  (2) If the Tribunal records a Tribunal proceeding, the Tribunal must:\n    (a) tell persons attending the proceeding that their evidence will be recorded; and\n    (b) give a person who gives evidence at the proceeding an electronic copy of the person’s evidence on request.\n\n#### 26 Adjournment of proceedings\n\n  The Tribunal may adjourn a Tribunal proceeding at any time.\n\n#### 27 Tribunal powers in relation to documents\n\n  The Tribunal may:\n    (a) retain a document given to the Tribunal under a provision of these procedural rules or under subsection 110XC(1) of the Act for as long as the Tribunal considers necessary; and\n    (b) make copies of or take extracts from the document.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Making applications","content":"#### 5 Making applications\n\n  An application for review of a reviewable decision must be in accordance with an approved form.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"What Tribunal may do with applications","content":"#### 6 What Tribunal may do with applications\n\n  (1) The Tribunal may use the application to conduct its own research into the reviewable decision.\n  (2) The Tribunal’s research may include giving the application for comment to:\n    (a) a person or organisation considered by the Tribunal to be appropriate; and\n    (b) a person or organisation the subject of adverse comment in the application.\n  (3) For paragraph (2)(a), the grounds on which the Tribunal may decide that a person or organisation is appropriate include:\n    (a) that the person or organisation has the capacity to assist with the review of the reviewable decision; and\n    (b) that the person or organisation has an interest in the reviewable decision.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Report by Secretary","content":"#### 7 Report by Secretary\n\n  (1) The Tribunal may give an application to the Secretary.\n  (2) The Secretary may give the application for comment to:\n    (a) a person in the Department; and\n    (b) a person in the Defence Force.\n  (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:\n    (a) if the application relates to a defence award, 30 working days after the day the Secretary receives the application;\n    (b) if the application relates to a defence honour, 60 working days after the day the Secretary receives the application.\n  (4) The report must include the following:\n    (a) the findings on material questions of fact and the reasons for the decision;\n    (b) a reference to the evidence on which the findings were based;\n    (c) if the evidence mentioned in paragraph (b) is in an unclassified document—a copy of the evidence;\n    (d) each other unclassified document under the Department’s control or in the Department’s possession that is relevant to the reviewable decision.\n  (5) The Secretary must:\n    (a) prepare a list of all classified documents under the Department’s control or in the Department’s possession that are relevant to the reviewable decision; and\n    (b) give the list to a Tribunal member who holds a security clearance for accessing the documents within 30 working days after the day the Secretary receives the application; and\n    (c) if a Tribunal member who holds a security clearance for accessing a document on the list requests access to the document—give that Tribunal member a specified number of copies of the document within 10 working days after the day the Secretary receives the request.\n  (6) The Tribunal may approve, in writing, a written request from the Secretary for more time to prepare the report or the list.\n  (7) The approval must state the additional time approved by the Tribunal.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Applicant may respond to report","content":"#### 8 Applicant may respond to report\n\n  (1) After receiving a report mentioned in subrule 7(3), the Tribunal must:\n    (a) give a copy of the report to the applicant within 10 working days; and\n    (b) tell the applicant that the applicant may give the Tribunal a written response to the report within 20 working days after the day the applicant receives the report.\n  (2) The Tribunal may approve, in writing, a written request by the applicant for more time to prepare the response.\n  (3) The approval must state the additional time approved by the Tribunal.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Other documents held by Department","content":"#### 9 Other documents held by Department\n\n  (1) Subrule (2) applies if the Tribunal believes, on reasonable grounds, that not all of the documents under the Department’s control or in the Department’s possession have been:\n    (a) included in a report provided to the Tribunal under subrule 7(4); or\n    (b) listed for the Tribunal under paragraph 7(5)(a).\n  (2) The Tribunal may direct the Secretary:\n    (a) to give the Tribunal a specified number of copies of a document identified by the Tribunal within a specified time; and\n    (b) to search for further documents; and\n    (c) to give the Tribunal a specified number of copies of the further documents within a specified time.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Other documents held by other person or organisation","content":"#### 10 Other documents held by other person or organisation\n\n  A person or organisation other than the Department must comply with a request by the Tribunal to provide a specified number of copies of a document within a specified time.","sortOrder":11},{"sectionNumber":"Division 2.2","sectionType":"division","heading":"Conduct of reviews","content":"## Part 1—Preliminary\n\n#### 1 Name of procedural rules\n\n  These procedural rules are the Defence Honours and Awards Appeals Tribunal Procedural Rules 2011.\n\n#### 3 Definitions\n\n  In these procedural rules:\n\n> Act means the Defence Act 1903.\n\n> approved form means a form approved under rule 4.\n\n> audio link means a system of 2‑way communication linking different places so that a person speaking at 1 of them can be heard at the other places.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at 1 of them can be seen and heard at the other places.\n\n  Regulations means the Defence Regulation 2016.\n\n> Note 1: Several other words and expressions used in these procedural rules have the meaning given by section 110T of the Act, for example:\n\n     Chair\n     defence award\n     defence honour\n     foreign award\n     inquiry\n     reviewable decision\n     review of a reviewable decision\n     Tribunal\n     Tribunal member\n     Tribunal proceeding.\n\n> Note 2: For the definition of Secretary, see subsection 4(1) of the Act.\n\n#### 4 Forms\n\n  (1) The Chair may approve forms for these procedural rules.\n  (2) Approved forms must be published on the Tribunal website.\n\n## Part 2—Review of reviewable decisions by Tribunal\n\n### Division 2.1—Applications for review\n\n#### 5 Making applications\n\n  An application for review of a reviewable decision must be in accordance with an approved form.\n\n#### 6 What Tribunal may do with applications\n\n  (1) The Tribunal may use the application to conduct its own research into the reviewable decision.\n  (2) The Tribunal’s research may include giving the application for comment to:\n    (a) a person or organisation considered by the Tribunal to be appropriate; and\n    (b) a person or organisation the subject of adverse comment in the application.\n  (3) For paragraph (2)(a), the grounds on which the Tribunal may decide that a person or organisation is appropriate include:\n    (a) that the person or organisation has the capacity to assist with the review of the reviewable decision; and\n    (b) that the person or organisation has an interest in the reviewable decision.\n\n#### 7 Report by Secretary\n\n  (1) The Tribunal may give an application to the Secretary.\n  (2) The Secretary may give the application for comment to:\n    (a) a person in the Department; and\n    (b) a person in the Defence Force.\n  (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:\n    (a) if the application relates to a defence award, 30 working days after the day the Secretary receives the application;\n    (b) if the application relates to a defence honour, 60 working days after the day the Secretary receives the application.\n  (4) The report must include the following:\n    (a) the findings on material questions of fact and the reasons for the decision;\n    (b) a reference to the evidence on which the findings were based;\n    (c) if the evidence mentioned in paragraph (b) is in an unclassified document—a copy of the evidence;\n    (d) each other unclassified document under the Department’s control or in the Department’s possession that is relevant to the reviewable decision.\n  (5) The Secretary must:\n    (a) prepare a list of all classified documents under the Department’s control or in the Department’s possession that are relevant to the reviewable decision; and\n    (b) give the list to a Tribunal member who holds a security clearance for accessing the documents within 30 working days after the day the Secretary receives the application; and\n    (c) if a Tribunal member who holds a security clearance for accessing a document on the list requests access to the document—give that Tribunal member a specified number of copies of the document within 10 working days after the day the Secretary receives the request.\n  (6) The Tribunal may approve, in writing, a written request from the Secretary for more time to prepare the report or the list.\n  (7) The approval must state the additional time approved by the Tribunal.\n\n#### 8 Applicant may respond to report\n\n  (1) After receiving a report mentioned in subrule 7(3), the Tribunal must:\n    (a) give a copy of the report to the applicant within 10 working days; and\n    (b) tell the applicant that the applicant may give the Tribunal a written response to the report within 20 working days after the day the applicant receives the report.\n  (2) The Tribunal may approve, in writing, a written request by the applicant for more time to prepare the response.\n  (3) The approval must state the additional time approved by the Tribunal.\n\n#### 9 Other documents held by Department\n\n  (1) Subrule (2) applies if the Tribunal believes, on reasonable grounds, that not all of the documents under the Department’s control or in the Department’s possession have been:\n    (a) included in a report provided to the Tribunal under subrule 7(4); or\n    (b) listed for the Tribunal under paragraph 7(5)(a).\n  (2) The Tribunal may direct the Secretary:\n    (a) to give the Tribunal a specified number of copies of a document identified by the Tribunal within a specified time; and\n    (b) to search for further documents; and\n    (c) to give the Tribunal a specified number of copies of the further documents within a specified time.\n\n#### 10 Other documents held by other person or organisation\n\n  A person or organisation other than the Department must comply with a request by the Tribunal to provide a specified number of copies of a document within a specified time.\n\n### Division 2.2—Conduct of reviews\n\n#### 11 Review hearing may be public or private\n\n  (1) Subject to a direction of the Chair or the presiding Tribunal member under subrule (2), a hearing of a review of a reviewable decision must be conducted in public.\n  (2) The Chair or the presiding Tribunal member may direct that the hearing be conducted:\n    (a) in private; or\n    (b) partly in public and partly in private.\n  (3) For subrule (2), the grounds on which the Chair or the presiding Tribunal member may decide that the hearing be conducted wholly or partly in private include the following:\n    (a) that the matter under review is sensitive;\n    (b) that privacy is required to ensure fairness to a person involved or mentioned in the review;\n    (c) that the review involves matters of national security.\n  (4) The Chair or the presiding Tribunal member may give directions as to who may be present at a hearing that is conducted wholly or partly in private.\n\n#### 12 Review may be conducted without a hearing\n\n  (1) The Chair may direct that a review of a reviewable decision may be conducted without a hearing.\n  (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.\n\n#### 13 Making oral submissions at review hearing\n\n  (1) The Tribunal:\n    (a) must agree to a written request by an applicant to make an oral submission at a hearing of the review of a reviewable decision; and\n    (b) may invite another person to make an oral submission at the hearing; and\n    (c) may direct that an oral submission be made in person or by audio link or audiovisual link.\n  (2) The Tribunal may agree to a written request by the applicant that the applicant be represented at the hearing by another person.\n  (2A) The reference to another person in subrule (2) includes a reference to a legal practitioner.\n  (3) The reference to a legal practitioner in subrule (2A) includes a reference to a person who:\n    (a) holds a degree of Bachelor of Laws, Master of Laws, Doctor of Laws or Bachelor of Legal Studies; or\n    (b) is otherwise qualified for admission as a lawyer, barrister, solicitor or legal practitioner of the High Court or of the Supreme Court of a State or Territory.\n\n#### 14 Secretary must assist Tribunal\n\n  The Secretary must use his or her best endeavours to assist the Tribunal in relation to the review.\n\n#### 15 Making Tribunal’s decisions available\n\n  (1) Where a decision includes a recommendation to a Minister, the Tribunal must give that Minister and the Secretary and the applicant a copy of its decision on the review of a reviewable decision within a reasonable period after it has made the decision.\n  (2) Where a decision does not include a recommendation to a Minister, the Tribunal must give the Secretary and the applicant a copy of its decision on the review of a reviewable decision within a reasonable period after it has made the decision.\n\n#### 15A Publication of Tribunal’s decisions\n\n  (1) If the hearing of the review was conducted wholly in public:\n    (a) the Tribunal must publish the decision on its website; and\n    (b) the published version of the decision must not contain classified material.\n  (2) If the hearing of the review was conducted wholly or partly in private:\n    (a) the Chair must decide whether to publish the decision on the Tribunal’s website; and\n    (b) any published version of the decision must not contain classified material.\n  (3) If the review was conducted without a hearing:\n    (a) the Chair must decide whether to publish the decision on the Tribunal’s website; and\n    (b) any published version of the decision must not contain classified material.\n  (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.\n\n## Part 3—Inquiries by Tribunal\n\n### Division 3.1—Written submissions to inquiry\n\n#### 16 Public call for written submissions\n\n  (1) The Tribunal may call for written submissions to an inquiry.\n  (2) Unless the Chair decides otherwise, the call for written submissions must be published:\n    (a) in a newspaper circulating nationally; and\n    (b) in any other manner the Chair decides is appropriate.\n  (3) The closing date for written submissions must be at least 20 working days after the day of the first publication of the call for written submissions.\n  (4) The Tribunal may accept a written submission after the closing date.\n\n#### 17 Making written submissions to inquiry\n\n  A written submission to an inquiry must be in accordance with an approved form.\n\n#### 18 What Tribunal may do with written submissions\n\n  The Tribunal’s powers in relation to written submissions are the same as its powers in relation to an application mentioned in rule 6.\n\n### Division 3.2—Conduct of inquiries\n\n#### 19 Inquiries to be public\n\n  (1) Subject to subrule (2), a hearing of an inquiry must be conducted in public.\n  (2) The Chair may direct that the hearing be conducted:\n    (a) in private; or\n    (b) partly in public and partly in private.\n  (3) For subrule (2), the grounds on which the Chair may decide that the hearing be conducted wholly or partly in private are those mentioned in subrule 11(3).\n  (4) The Chair may give directions as to who may be present at a hearing that is conducted wholly or partly in private.\n\n#### 20 Tribunal may invite person to make oral submission\n\n  (1) The Tribunal may:\n    (a) invite a person to make an oral submission at the hearing; and\n    (b) direct that the person make the oral submission in person or by audio link or audiovisual 34; and\n    (c) agree to a written request by the person that the person be represented at the hearing by a person who is not a legal practitioner.\n  (2) The reference to a legal practitioner in paragraph (1)(c) includes a reference to a person mentioned in paragraph 13(3)(a) or (b).\n\n### Division 3.3—Tribunal report on inquiry\n\n#### 21 Publication of report on inquiry\n\n  (1) The Tribunal must publish its report on the Tribunal website within 20 working days after the day it gives the report to the Minister under paragraph 110W(2)(b) of the Act.\n  (2) The published report must not contain classified material.\n\n## Part 4—General provisions relating to operation of Tribunal\n\n#### 22 Procedure of Tribunal\n\n  (1) Subject to the Act and the Regulations, the procedure of the Tribunal is at the discretion of the Tribunal.\n  (2) The Tribunal must conduct its proceedings with as little formality and technicality, and with as much expedition, as the requirements of the Act and the Regulations and a proper consideration of the matters before the Tribunal permit.\n  (3) The Tribunal is not bound by the rules of evidence but may inform itself on any matter in any way it considers appropriate.\n\n#### 23 Summons\n\n  (1) For paragraph 110XH(2)(h) of the Act, a summons must be in accordance with an approved form.\n  (2) Service of the summons on a person must be made by:\n    (a) giving a copy of the summons to the person; and\n    (b) at the same time as the copy is given to the person, showing the person the original of the summons.\n\n#### 24 Oath or affirmation for witnesses\n\n  Except in special circumstances. the Tribunal must require a person who gives evidence before the Tribunal to take an oath or make an affirmation.\n\n#### 25 Recording of Tribunal proceedings\n\n  (1) The Tribunal may:\n    (a) record a Tribunal proceeding; and\n    (b) make a transcript of the recording for its own purposes.\n  (2) If the Tribunal records a Tribunal proceeding, the Tribunal must:\n    (a) tell persons attending the proceeding that their evidence will be recorded; and\n    (b) give a person who gives evidence at the proceeding an electronic copy of the person’s evidence on request.\n\n#### 26 Adjournment of proceedings\n\n  The Tribunal may adjourn a Tribunal proceeding at any time.\n\n#### 27 Tribunal powers in relation to documents\n\n  The Tribunal may:\n    (a) retain a document given to the Tribunal under a provision of these procedural rules or under subsection 110XC(1) of the Act for as long as the Tribunal considers necessary; and\n    (b) make copies of or take extracts from the document.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Review hearing may be public or private","content":"#### 11 Review hearing may be public or private\n\n  (1) Subject to a direction of the Chair or the presiding Tribunal member under subrule (2), a hearing of a review of a reviewable decision must be conducted in public.\n  (2) The Chair or the presiding Tribunal member may direct that the hearing be conducted:\n    (a) in private; or\n    (b) partly in public and partly in private.\n  (3) For subrule (2), the grounds on which the Chair or the presiding Tribunal member may decide that the hearing be conducted wholly or partly in private include the following:\n    (a) that the matter under review is sensitive;\n    (b) that privacy is required to ensure fairness to a person involved or mentioned in the review;\n    (c) that the review involves matters of national security.\n  (4) The Chair or the presiding Tribunal member may give directions as to who may be present at a hearing that is conducted wholly or partly in private.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Review may be conducted without a hearing","content":"#### 12 Review may be conducted without a hearing\n\n  (1) The Chair may direct that a review of a reviewable decision may be conducted without a hearing.\n  (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.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Making oral submissions at review hearing","content":"#### 13 Making oral submissions at review hearing\n\n  (1) The Tribunal:\n    (a) must agree to a written request by an applicant to make an oral submission at a hearing of the review of a reviewable decision; and\n    (b) may invite another person to make an oral submission at the hearing; and\n    (c) may direct that an oral submission be made in person or by audio link or audiovisual link.\n  (2) The Tribunal may agree to a written request by the applicant that the applicant be represented at the hearing by another person.\n  (2A) The reference to another person in subrule (2) includes a reference to a legal practitioner.\n  (3) The reference to a legal practitioner in subrule (2A) includes a reference to a person who:\n    (a) holds a degree of Bachelor of Laws, Master of Laws, Doctor of Laws or Bachelor of Legal Studies; or\n    (b) is otherwise qualified for admission as a lawyer, barrister, solicitor or legal practitioner of the High Court or of the Supreme Court of a State or Territory.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Secretary must assist Tribunal","content":"#### 14 Secretary must assist Tribunal\n\n  The Secretary must use his or her best endeavours to assist the Tribunal in relation to the review.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Making Tribunal’s decisions available","content":"#### 15 Making Tribunal’s decisions available\n\n  (1) Where a decision includes a recommendation to a Minister, the Tribunal must give that Minister and the Secretary and the applicant a copy of its decision on the review of a reviewable decision within a reasonable period after it has made the decision.\n  (2) Where a decision does not include a recommendation to a Minister, the Tribunal must give the Secretary and the applicant a copy of its decision on the review of a reviewable decision within a reasonable period after it has made the decision.","sortOrder":17},{"sectionNumber":"15A","sectionType":"section","heading":"Publication of Tribunal’s decisions","content":"#### 15A Publication of Tribunal’s decisions\n\n  (1) If the hearing of the review was conducted wholly in public:\n    (a) the Tribunal must publish the decision on its website; and\n    (b) the published version of the decision must not contain classified material.\n  (2) If the hearing of the review was conducted wholly or partly in private:\n    (a) the Chair must decide whether to publish the decision on the Tribunal’s website; and\n    (b) any published version of the decision must not contain classified material.\n  (3) If the review was conducted without a hearing:\n    (a) the Chair must decide whether to publish the decision on the Tribunal’s website; and\n    (b) any published version of the decision must not contain classified material.\n  (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.","sortOrder":18},{"sectionNumber":"Part 3","sectionType":"part","heading":"Inquiries by Tribunal","content":"## Part 1—Preliminary\n\n#### 1 Name of procedural rules\n\n  These procedural rules are the Defence Honours and Awards Appeals Tribunal Procedural Rules 2011.\n\n#### 3 Definitions\n\n  In these procedural rules:\n\n> Act means the Defence Act 1903.\n\n> approved form means a form approved under rule 4.\n\n> audio link means a system of 2‑way communication linking different places so that a person speaking at 1 of them can be heard at the other places.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at 1 of them can be seen and heard at the other places.\n\n  Regulations means the Defence Regulation 2016.\n\n> Note 1: Several other words and expressions used in these procedural rules have the meaning given by section 110T of the Act, for example:\n\n     Chair\n     defence award\n     defence honour\n     foreign award\n     inquiry\n     reviewable decision\n     review of a reviewable decision\n     Tribunal\n     Tribunal member\n     Tribunal proceeding.\n\n> Note 2: For the definition of Secretary, see subsection 4(1) of the Act.\n\n#### 4 Forms\n\n  (1) The Chair may approve forms for these procedural rules.\n  (2) Approved forms must be published on the Tribunal website.\n\n## Part 2—Review of reviewable decisions by Tribunal\n\n### Division 2.1—Applications for review\n\n#### 5 Making applications\n\n  An application for review of a reviewable decision must be in accordance with an approved form.\n\n#### 6 What Tribunal may do with applications\n\n  (1) The Tribunal may use the application to conduct its own research into the reviewable decision.\n  (2) The Tribunal’s research may include giving the application for comment to:\n    (a) a person or organisation considered by the Tribunal to be appropriate; and\n    (b) a person or organisation the subject of adverse comment in the application.\n  (3) For paragraph (2)(a), the grounds on which the Tribunal may decide that a person or organisation is appropriate include:\n    (a) that the person or organisation has the capacity to assist with the review of the reviewable decision; and\n    (b) that the person or organisation has an interest in the reviewable decision.\n\n#### 7 Report by Secretary\n\n  (1) The Tribunal may give an application to the Secretary.\n  (2) The Secretary may give the application for comment to:\n    (a) a person in the Department; and\n    (b) a person in the Defence Force.\n  (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:\n    (a) if the application relates to a defence award, 30 working days after the day the Secretary receives the application;\n    (b) if the application relates to a defence honour, 60 working days after the day the Secretary receives the application.\n  (4) The report must include the following:\n    (a) the findings on material questions of fact and the reasons for the decision;\n    (b) a reference to the evidence on which the findings were based;\n    (c) if the evidence mentioned in paragraph (b) is in an unclassified document—a copy of the evidence;\n    (d) each other unclassified document under the Department’s control or in the Department’s possession that is relevant to the reviewable decision.\n  (5) The Secretary must:\n    (a) prepare a list of all classified documents under the Department’s control or in the Department’s possession that are relevant to the reviewable decision; and\n    (b) give the list to a Tribunal member who holds a security clearance for accessing the documents within 30 working days after the day the Secretary receives the application; and\n    (c) if a Tribunal member who holds a security clearance for accessing a document on the list requests access to the document—give that Tribunal member a specified number of copies of the document within 10 working days after the day the Secretary receives the request.\n  (6) The Tribunal may approve, in writing, a written request from the Secretary for more time to prepare the report or the list.\n  (7) The approval must state the additional time approved by the Tribunal.\n\n#### 8 Applicant may respond to report\n\n  (1) After receiving a report mentioned in subrule 7(3), the Tribunal must:\n    (a) give a copy of the report to the applicant within 10 working days; and\n    (b) tell the applicant that the applicant may give the Tribunal a written response to the report within 20 working days after the day the applicant receives the report.\n  (2) The Tribunal may approve, in writing, a written request by the applicant for more time to prepare the response.\n  (3) The approval must state the additional time approved by the Tribunal.\n\n#### 9 Other documents held by Department\n\n  (1) Subrule (2) applies if the Tribunal believes, on reasonable grounds, that not all of the documents under the Department’s control or in the Department’s possession have been:\n    (a) included in a report provided to the Tribunal under subrule 7(4); or\n    (b) listed for the Tribunal under paragraph 7(5)(a).\n  (2) The Tribunal may direct the Secretary:\n    (a) to give the Tribunal a specified number of copies of a document identified by the Tribunal within a specified time; and\n    (b) to search for further documents; and\n    (c) to give the Tribunal a specified number of copies of the further documents within a specified time.\n\n#### 10 Other documents held by other person or organisation\n\n  A person or organisation other than the Department must comply with a request by the Tribunal to provide a specified number of copies of a document within a specified time.\n\n### Division 2.2—Conduct of reviews\n\n#### 11 Review hearing may be public or private\n\n  (1) Subject to a direction of the Chair or the presiding Tribunal member under subrule (2), a hearing of a review of a reviewable decision must be conducted in public.\n  (2) The Chair or the presiding Tribunal member may direct that the hearing be conducted:\n    (a) in private; or\n    (b) partly in public and partly in private.\n  (3) For subrule (2), the grounds on which the Chair or the presiding Tribunal member may decide that the hearing be conducted wholly or partly in private include the following:\n    (a) that the matter under review is sensitive;\n    (b) that privacy is required to ensure fairness to a person involved or mentioned in the review;\n    (c) that the review involves matters of national security.\n  (4) The Chair or the presiding Tribunal member may give directions as to who may be present at a hearing that is conducted wholly or partly in private.\n\n#### 12 Review may be conducted without a hearing\n\n  (1) The Chair may direct that a review of a reviewable decision may be conducted without a hearing.\n  (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.\n\n#### 13 Making oral submissions at review hearing\n\n  (1) The Tribunal:\n    (a) must agree to a written request by an applicant to make an oral submission at a hearing of the review of a reviewable decision; and\n    (b) may invite another person to make an oral submission at the hearing; and\n    (c) may direct that an oral submission be made in person or by audio link or audiovisual link.\n  (2) The Tribunal may agree to a written request by the applicant that the applicant be represented at the hearing by another person.\n  (2A) The reference to another person in subrule (2) includes a reference to a legal practitioner.\n  (3) The reference to a legal practitioner in subrule (2A) includes a reference to a person who:\n    (a) holds a degree of Bachelor of Laws, Master of Laws, Doctor of Laws or Bachelor of Legal Studies; or\n    (b) is otherwise qualified for admission as a lawyer, barrister, solicitor or legal practitioner of the High Court or of the Supreme Court of a State or Territory.\n\n#### 14 Secretary must assist Tribunal\n\n  The Secretary must use his or her best endeavours to assist the Tribunal in relation to the review.\n\n#### 15 Making Tribunal’s decisions available\n\n  (1) Where a decision includes a recommendation to a Minister, the Tribunal must give that Minister and the Secretary and the applicant a copy of its decision on the review of a reviewable decision within a reasonable period after it has made the decision.\n  (2) Where a decision does not include a recommendation to a Minister, the Tribunal must give the Secretary and the applicant a copy of its decision on the review of a reviewable decision within a reasonable period after it has made the decision.\n\n#### 15A Publication of Tribunal’s decisions\n\n  (1) If the hearing of the review was conducted wholly in public:\n    (a) the Tribunal must publish the decision on its website; and\n    (b) the published version of the decision must not contain classified material.\n  (2) If the hearing of the review was conducted wholly or partly in private:\n    (a) the Chair must decide whether to publish the decision on the Tribunal’s website; and\n    (b) any published version of the decision must not contain classified material.\n  (3) If the review was conducted without a hearing:\n    (a) the Chair must decide whether to publish the decision on the Tribunal’s website; and\n    (b) any published version of the decision must not contain classified material.\n  (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.\n\n## Part 3—Inquiries by Tribunal\n\n### Division 3.1—Written submissions to inquiry\n\n#### 16 Public call for written submissions\n\n  (1) The Tribunal may call for written submissions to an inquiry.\n  (2) Unless the Chair decides otherwise, the call for written submissions must be published:\n    (a) in a newspaper circulating nationally; and\n    (b) in any other manner the Chair decides is appropriate.\n  (3) The closing date for written submissions must be at least 20 working days after the day of the first publication of the call for written submissions.\n  (4) The Tribunal may accept a written submission after the closing date.\n\n#### 17 Making written submissions to inquiry\n\n  A written submission to an inquiry must be in accordance with an approved form.\n\n#### 18 What Tribunal may do with written submissions\n\n  The Tribunal’s powers in relation to written submissions are the same as its powers in relation to an application mentioned in rule 6.\n\n### Division 3.2—Conduct of inquiries\n\n#### 19 Inquiries to be public\n\n  (1) Subject to subrule (2), a hearing of an inquiry must be conducted in public.\n  (2) The Chair may direct that the hearing be conducted:\n    (a) in private; or\n    (b) partly in public and partly in private.\n  (3) For subrule (2), the grounds on which the Chair may decide that the hearing be conducted wholly or partly in private are those mentioned in subrule 11(3).\n  (4) The Chair may give directions as to who may be present at a hearing that is conducted wholly or partly in private.\n\n#### 20 Tribunal may invite person to make oral submission\n\n  (1) The Tribunal may:\n    (a) invite a person to make an oral submission at the hearing; and\n    (b) direct that the person make the oral submission in person or by audio link or audiovisual 34; and\n    (c) agree to a written request by the person that the person be represented at the hearing by a person who is not a legal practitioner.\n  (2) The reference to a legal practitioner in paragraph (1)(c) includes a reference to a person mentioned in paragraph 13(3)(a) or (b).\n\n### Division 3.3—Tribunal report on inquiry\n\n#### 21 Publication of report on inquiry\n\n  (1) The Tribunal must publish its report on the Tribunal website within 20 working days after the day it gives the report to the Minister under paragraph 110W(2)(b) of the Act.\n  (2) The published report must not contain classified material.\n\n## Part 4—General provisions relating to operation of Tribunal\n\n#### 22 Procedure of Tribunal\n\n  (1) Subject to the Act and the Regulations, the procedure of the Tribunal is at the discretion of the Tribunal.\n  (2) The Tribunal must conduct its proceedings with as little formality and technicality, and with as much expedition, as the requirements of the Act and the Regulations and a proper consideration of the matters before the Tribunal permit.\n  (3) The Tribunal is not bound by the rules of evidence but may inform itself on any matter in any way it considers appropriate.\n\n#### 23 Summons\n\n  (1) For paragraph 110XH(2)(h) of the Act, a summons must be in accordance with an approved form.\n  (2) Service of the summons on a person must be made by:\n    (a) giving a copy of the summons to the person; and\n    (b) at the same time as the copy is given to the person, showing the person the original of the summons.\n\n#### 24 Oath or affirmation for witnesses\n\n  Except in special circumstances. the Tribunal must require a person who gives evidence before the Tribunal to take an oath or make an affirmation.\n\n#### 25 Recording of Tribunal proceedings\n\n  (1) The Tribunal may:\n    (a) record a Tribunal proceeding; and\n    (b) make a transcript of the recording for its own purposes.\n  (2) If the Tribunal records a Tribunal proceeding, the Tribunal must:\n    (a) tell persons attending the proceeding that their evidence will be recorded; and\n    (b) give a person who gives evidence at the proceeding an electronic copy of the person’s evidence on request.\n\n#### 26 Adjournment of proceedings\n\n  The Tribunal may adjourn a Tribunal proceeding at any time.\n\n#### 27 Tribunal powers in relation to documents\n\n  The Tribunal may:\n    (a) retain a document given to the Tribunal under a provision of these procedural rules or under subsection 110XC(1) of the Act for as long as the Tribunal considers necessary; and\n    (b) make copies of or take extracts from the document.","sortOrder":19},{"sectionNumber":"Division 3.1","sectionType":"division","heading":"Written submissions to inquiry","content":"## Part 1—Preliminary\n\n#### 1 Name of procedural rules\n\n  These procedural rules are the Defence Honours and Awards Appeals Tribunal Procedural Rules 2011.\n\n#### 3 Definitions\n\n  In these procedural rules:\n\n> Act means the Defence Act 1903.\n\n> approved form means a form approved under rule 4.\n\n> audio link means a system of 2‑way communication linking different places so that a person speaking at 1 of them can be heard at the other places.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at 1 of them can be seen and heard at the other places.\n\n  Regulations means the Defence Regulation 2016.\n\n> Note 1: Several other words and expressions used in these procedural rules have the meaning given by section 110T of the Act, for example:\n\n     Chair\n     defence award\n     defence honour\n     foreign award\n     inquiry\n     reviewable decision\n     review of a reviewable decision\n     Tribunal\n     Tribunal member\n     Tribunal proceeding.\n\n> Note 2: For the definition of Secretary, see subsection 4(1) of the Act.\n\n#### 4 Forms\n\n  (1) The Chair may approve forms for these procedural rules.\n  (2) Approved forms must be published on the Tribunal website.\n\n## Part 2—Review of reviewable decisions by Tribunal\n\n### Division 2.1—Applications for review\n\n#### 5 Making applications\n\n  An application for review of a reviewable decision must be in accordance with an approved form.\n\n#### 6 What Tribunal may do with applications\n\n  (1) The Tribunal may use the application to conduct its own research into the reviewable decision.\n  (2) The Tribunal’s research may include giving the application for comment to:\n    (a) a person or organisation considered by the Tribunal to be appropriate; and\n    (b) a person or organisation the subject of adverse comment in the application.\n  (3) For paragraph (2)(a), the grounds on which the Tribunal may decide that a person or organisation is appropriate include:\n    (a) that the person or organisation has the capacity to assist with the review of the reviewable decision; and\n    (b) that the person or organisation has an interest in the reviewable decision.\n\n#### 7 Report by Secretary\n\n  (1) The Tribunal may give an application to the Secretary.\n  (2) The Secretary may give the application for comment to:\n    (a) a person in the Department; and\n    (b) a person in the Defence Force.\n  (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:\n    (a) if the application relates to a defence award, 30 working days after the day the Secretary receives the application;\n    (b) if the application relates to a defence honour, 60 working days after the day the Secretary receives the application.\n  (4) The report must include the following:\n    (a) the findings on material questions of fact and the reasons for the decision;\n    (b) a reference to the evidence on which the findings were based;\n    (c) if the evidence mentioned in paragraph (b) is in an unclassified document—a copy of the evidence;\n    (d) each other unclassified document under the Department’s control or in the Department’s possession that is relevant to the reviewable decision.\n  (5) The Secretary must:\n    (a) prepare a list of all classified documents under the Department’s control or in the Department’s possession that are relevant to the reviewable decision; and\n    (b) give the list to a Tribunal member who holds a security clearance for accessing the documents within 30 working days after the day the Secretary receives the application; and\n    (c) if a Tribunal member who holds a security clearance for accessing a document on the list requests access to the document—give that Tribunal member a specified number of copies of the document within 10 working days after the day the Secretary receives the request.\n  (6) The Tribunal may approve, in writing, a written request from the Secretary for more time to prepare the report or the list.\n  (7) The approval must state the additional time approved by the Tribunal.\n\n#### 8 Applicant may respond to report\n\n  (1) After receiving a report mentioned in subrule 7(3), the Tribunal must:\n    (a) give a copy of the report to the applicant within 10 working days; and\n    (b) tell the applicant that the applicant may give the Tribunal a written response to the report within 20 working days after the day the applicant receives the report.\n  (2) The Tribunal may approve, in writing, a written request by the applicant for more time to prepare the response.\n  (3) The approval must state the additional time approved by the Tribunal.\n\n#### 9 Other documents held by Department\n\n  (1) Subrule (2) applies if the Tribunal believes, on reasonable grounds, that not all of the documents under the Department’s control or in the Department’s possession have been:\n    (a) included in a report provided to the Tribunal under subrule 7(4); or\n    (b) listed for the Tribunal under paragraph 7(5)(a).\n  (2) The Tribunal may direct the Secretary:\n    (a) to give the Tribunal a specified number of copies of a document identified by the Tribunal within a specified time; and\n    (b) to search for further documents; and\n    (c) to give the Tribunal a specified number of copies of the further documents within a specified time.\n\n#### 10 Other documents held by other person or organisation\n\n  A person or organisation other than the Department must comply with a request by the Tribunal to provide a specified number of copies of a document within a specified time.\n\n### Division 2.2—Conduct of reviews\n\n#### 11 Review hearing may be public or private\n\n  (1) Subject to a direction of the Chair or the presiding Tribunal member under subrule (2), a hearing of a review of a reviewable decision must be conducted in public.\n  (2) The Chair or the presiding Tribunal member may direct that the hearing be conducted:\n    (a) in private; or\n    (b) partly in public and partly in private.\n  (3) For subrule (2), the grounds on which the Chair or the presiding Tribunal member may decide that the hearing be conducted wholly or partly in private include the following:\n    (a) that the matter under review is sensitive;\n    (b) that privacy is required to ensure fairness to a person involved or mentioned in the review;\n    (c) that the review involves matters of national security.\n  (4) The Chair or the presiding Tribunal member may give directions as to who may be present at a hearing that is conducted wholly or partly in private.\n\n#### 12 Review may be conducted without a hearing\n\n  (1) The Chair may direct that a review of a reviewable decision may be conducted without a hearing.\n  (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.\n\n#### 13 Making oral submissions at review hearing\n\n  (1) The Tribunal:\n    (a) must agree to a written request by an applicant to make an oral submission at a hearing of the review of a reviewable decision; and\n    (b) may invite another person to make an oral submission at the hearing; and\n    (c) may direct that an oral submission be made in person or by audio link or audiovisual link.\n  (2) The Tribunal may agree to a written request by the applicant that the applicant be represented at the hearing by another person.\n  (2A) The reference to another person in subrule (2) includes a reference to a legal practitioner.\n  (3) The reference to a legal practitioner in subrule (2A) includes a reference to a person who:\n    (a) holds a degree of Bachelor of Laws, Master of Laws, Doctor of Laws or Bachelor of Legal Studies; or\n    (b) is otherwise qualified for admission as a lawyer, barrister, solicitor or legal practitioner of the High Court or of the Supreme Court of a State or Territory.\n\n#### 14 Secretary must assist Tribunal\n\n  The Secretary must use his or her best endeavours to assist the Tribunal in relation to the review.\n\n#### 15 Making Tribunal’s decisions available\n\n  (1) Where a decision includes a recommendation to a Minister, the Tribunal must give that Minister and the Secretary and the applicant a copy of its decision on the review of a reviewable decision within a reasonable period after it has made the decision.\n  (2) Where a decision does not include a recommendation to a Minister, the Tribunal must give the Secretary and the applicant a copy of its decision on the review of a reviewable decision within a reasonable period after it has made the decision.\n\n#### 15A Publication of Tribunal’s decisions\n\n  (1) If the hearing of the review was conducted wholly in public:\n    (a) the Tribunal must publish the decision on its website; and\n    (b) the published version of the decision must not contain classified material.\n  (2) If the hearing of the review was conducted wholly or partly in private:\n    (a) the Chair must decide whether to publish the decision on the Tribunal’s website; and\n    (b) any published version of the decision must not contain classified material.\n  (3) If the review was conducted without a hearing:\n    (a) the Chair must decide whether to publish the decision on the Tribunal’s website; and\n    (b) any published version of the decision must not contain classified material.\n  (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.\n\n## Part 3—Inquiries by Tribunal\n\n### Division 3.1—Written submissions to inquiry\n\n#### 16 Public call for written submissions\n\n  (1) The Tribunal may call for written submissions to an inquiry.\n  (2) Unless the Chair decides otherwise, the call for written submissions must be published:\n    (a) in a newspaper circulating nationally; and\n    (b) in any other manner the Chair decides is appropriate.\n  (3) The closing date for written submissions must be at least 20 working days after the day of the first publication of the call for written submissions.\n  (4) The Tribunal may accept a written submission after the closing date.\n\n#### 17 Making written submissions to inquiry\n\n  A written submission to an inquiry must be in accordance with an approved form.\n\n#### 18 What Tribunal may do with written submissions\n\n  The Tribunal’s powers in relation to written submissions are the same as its powers in relation to an application mentioned in rule 6.\n\n### Division 3.2—Conduct of inquiries\n\n#### 19 Inquiries to be public\n\n  (1) Subject to subrule (2), a hearing of an inquiry must be conducted in public.\n  (2) The Chair may direct that the hearing be conducted:\n    (a) in private; or\n    (b) partly in public and partly in private.\n  (3) For subrule (2), the grounds on which the Chair may decide that the hearing be conducted wholly or partly in private are those mentioned in subrule 11(3).\n  (4) The Chair may give directions as to who may be present at a hearing that is conducted wholly or partly in private.\n\n#### 20 Tribunal may invite person to make oral submission\n\n  (1) The Tribunal may:\n    (a) invite a person to make an oral submission at the hearing; and\n    (b) direct that the person make the oral submission in person or by audio link or audiovisual 34; and\n    (c) agree to a written request by the person that the person be represented at the hearing by a person who is not a legal practitioner.\n  (2) The reference to a legal practitioner in paragraph (1)(c) includes a reference to a person mentioned in paragraph 13(3)(a) or (b).\n\n### Division 3.3—Tribunal report on inquiry\n\n#### 21 Publication of report on inquiry\n\n  (1) The Tribunal must publish its report on the Tribunal website within 20 working days after the day it gives the report to the Minister under paragraph 110W(2)(b) of the Act.\n  (2) The published report must not contain classified material.\n\n## Part 4—General provisions relating to operation of Tribunal\n\n#### 22 Procedure of Tribunal\n\n  (1) Subject to the Act and the Regulations, the procedure of the Tribunal is at the discretion of the Tribunal.\n  (2) The Tribunal must conduct its proceedings with as little formality and technicality, and with as much expedition, as the requirements of the Act and the Regulations and a proper consideration of the matters before the Tribunal permit.\n  (3) The Tribunal is not bound by the rules of evidence but may inform itself on any matter in any way it considers appropriate.\n\n#### 23 Summons\n\n  (1) For paragraph 110XH(2)(h) of the Act, a summons must be in accordance with an approved form.\n  (2) Service of the summons on a person must be made by:\n    (a) giving a copy of the summons to the person; and\n    (b) at the same time as the copy is given to the person, showing the person the original of the summons.\n\n#### 24 Oath or affirmation for witnesses\n\n  Except in special circumstances. the Tribunal must require a person who gives evidence before the Tribunal to take an oath or make an affirmation.\n\n#### 25 Recording of Tribunal proceedings\n\n  (1) The Tribunal may:\n    (a) record a Tribunal proceeding; and\n    (b) make a transcript of the recording for its own purposes.\n  (2) If the Tribunal records a Tribunal proceeding, the Tribunal must:\n    (a) tell persons attending the proceeding that their evidence will be recorded; and\n    (b) give a person who gives evidence at the proceeding an electronic copy of the person’s evidence on request.\n\n#### 26 Adjournment of proceedings\n\n  The Tribunal may adjourn a Tribunal proceeding at any time.\n\n#### 27 Tribunal powers in relation to documents\n\n  The Tribunal may:\n    (a) retain a document given to the Tribunal under a provision of these procedural rules or under subsection 110XC(1) of the Act for as long as the Tribunal considers necessary; and\n    (b) make copies of or take extracts from the document.","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Public call for written submissions","content":"#### 16 Public call for written submissions\n\n  (1) The Tribunal may call for written submissions to an inquiry.\n  (2) Unless the Chair decides otherwise, the call for written submissions must be published:\n    (a) in a newspaper circulating nationally; and\n    (b) in any other manner the Chair decides is appropriate.\n  (3) The closing date for written submissions must be at least 20 working days after the day of the first publication of the call for written submissions.\n  (4) The Tribunal may accept a written submission after the closing date.","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Making written submissions to inquiry","content":"#### 17 Making written submissions to inquiry\n\n  A written submission to an inquiry must be in accordance with an approved form.","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"What Tribunal may do with written submissions","content":"#### 18 What Tribunal may do with written submissions\n\n  The Tribunal’s powers in relation to written submissions are the same as its powers in relation to an application mentioned in rule 6.","sortOrder":23},{"sectionNumber":"Division 3.2","sectionType":"division","heading":"Conduct of inquiries","content":"## Part 1—Preliminary\n\n#### 1 Name of procedural rules\n\n  These procedural rules are the Defence Honours and Awards Appeals Tribunal Procedural Rules 2011.\n\n#### 3 Definitions\n\n  In these procedural rules:\n\n> Act means the Defence Act 1903.\n\n> approved form means a form approved under rule 4.\n\n> audio link means a system of 2‑way communication linking different places so that a person speaking at 1 of them can be heard at the other places.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at 1 of them can be seen and heard at the other places.\n\n  Regulations means the Defence Regulation 2016.\n\n> Note 1: Several other words and expressions used in these procedural rules have the meaning given by section 110T of the Act, for example:\n\n     Chair\n     defence award\n     defence honour\n     foreign award\n     inquiry\n     reviewable decision\n     review of a reviewable decision\n     Tribunal\n     Tribunal member\n     Tribunal proceeding.\n\n> Note 2: For the definition of Secretary, see subsection 4(1) of the Act.\n\n#### 4 Forms\n\n  (1) The Chair may approve forms for these procedural rules.\n  (2) Approved forms must be published on the Tribunal website.\n\n## Part 2—Review of reviewable decisions by Tribunal\n\n### Division 2.1—Applications for review\n\n#### 5 Making applications\n\n  An application for review of a reviewable decision must be in accordance with an approved form.\n\n#### 6 What Tribunal may do with applications\n\n  (1) The Tribunal may use the application to conduct its own research into the reviewable decision.\n  (2) The Tribunal’s research may include giving the application for comment to:\n    (a) a person or organisation considered by the Tribunal to be appropriate; and\n    (b) a person or organisation the subject of adverse comment in the application.\n  (3) For paragraph (2)(a), the grounds on which the Tribunal may decide that a person or organisation is appropriate include:\n    (a) that the person or organisation has the capacity to assist with the review of the reviewable decision; and\n    (b) that the person or organisation has an interest in the reviewable decision.\n\n#### 7 Report by Secretary\n\n  (1) The Tribunal may give an application to the Secretary.\n  (2) The Secretary may give the application for comment to:\n    (a) a person in the Department; and\n    (b) a person in the Defence Force.\n  (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:\n    (a) if the application relates to a defence award, 30 working days after the day the Secretary receives the application;\n    (b) if the application relates to a defence honour, 60 working days after the day the Secretary receives the application.\n  (4) The report must include the following:\n    (a) the findings on material questions of fact and the reasons for the decision;\n    (b) a reference to the evidence on which the findings were based;\n    (c) if the evidence mentioned in paragraph (b) is in an unclassified document—a copy of the evidence;\n    (d) each other unclassified document under the Department’s control or in the Department’s possession that is relevant to the reviewable decision.\n  (5) The Secretary must:\n    (a) prepare a list of all classified documents under the Department’s control or in the Department’s possession that are relevant to the reviewable decision; and\n    (b) give the list to a Tribunal member who holds a security clearance for accessing the documents within 30 working days after the day the Secretary receives the application; and\n    (c) if a Tribunal member who holds a security clearance for accessing a document on the list requests access to the document—give that Tribunal member a specified number of copies of the document within 10 working days after the day the Secretary receives the request.\n  (6) The Tribunal may approve, in writing, a written request from the Secretary for more time to prepare the report or the list.\n  (7) The approval must state the additional time approved by the Tribunal.\n\n#### 8 Applicant may respond to report\n\n  (1) After receiving a report mentioned in subrule 7(3), the Tribunal must:\n    (a) give a copy of the report to the applicant within 10 working days; and\n    (b) tell the applicant that the applicant may give the Tribunal a written response to the report within 20 working days after the day the applicant receives the report.\n  (2) The Tribunal may approve, in writing, a written request by the applicant for more time to prepare the response.\n  (3) The approval must state the additional time approved by the Tribunal.\n\n#### 9 Other documents held by Department\n\n  (1) Subrule (2) applies if the Tribunal believes, on reasonable grounds, that not all of the documents under the Department’s control or in the Department’s possession have been:\n    (a) included in a report provided to the Tribunal under subrule 7(4); or\n    (b) listed for the Tribunal under paragraph 7(5)(a).\n  (2) The Tribunal may direct the Secretary:\n    (a) to give the Tribunal a specified number of copies of a document identified by the Tribunal within a specified time; and\n    (b) to search for further documents; and\n    (c) to give the Tribunal a specified number of copies of the further documents within a specified time.\n\n#### 10 Other documents held by other person or organisation\n\n  A person or organisation other than the Department must comply with a request by the Tribunal to provide a specified number of copies of a document within a specified time.\n\n### Division 2.2—Conduct of reviews\n\n#### 11 Review hearing may be public or private\n\n  (1) Subject to a direction of the Chair or the presiding Tribunal member under subrule (2), a hearing of a review of a reviewable decision must be conducted in public.\n  (2) The Chair or the presiding Tribunal member may direct that the hearing be conducted:\n    (a) in private; or\n    (b) partly in public and partly in private.\n  (3) For subrule (2), the grounds on which the Chair or the presiding Tribunal member may decide that the hearing be conducted wholly or partly in private include the following:\n    (a) that the matter under review is sensitive;\n    (b) that privacy is required to ensure fairness to a person involved or mentioned in the review;\n    (c) that the review involves matters of national security.\n  (4) The Chair or the presiding Tribunal member may give directions as to who may be present at a hearing that is conducted wholly or partly in private.\n\n#### 12 Review may be conducted without a hearing\n\n  (1) The Chair may direct that a review of a reviewable decision may be conducted without a hearing.\n  (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.\n\n#### 13 Making oral submissions at review hearing\n\n  (1) The Tribunal:\n    (a) must agree to a written request by an applicant to make an oral submission at a hearing of the review of a reviewable decision; and\n    (b) may invite another person to make an oral submission at the hearing; and\n    (c) may direct that an oral submission be made in person or by audio link or audiovisual link.\n  (2) The Tribunal may agree to a written request by the applicant that the applicant be represented at the hearing by another person.\n  (2A) The reference to another person in subrule (2) includes a reference to a legal practitioner.\n  (3) The reference to a legal practitioner in subrule (2A) includes a reference to a person who:\n    (a) holds a degree of Bachelor of Laws, Master of Laws, Doctor of Laws or Bachelor of Legal Studies; or\n    (b) is otherwise qualified for admission as a lawyer, barrister, solicitor or legal practitioner of the High Court or of the Supreme Court of a State or Territory.\n\n#### 14 Secretary must assist Tribunal\n\n  The Secretary must use his or her best endeavours to assist the Tribunal in relation to the review.\n\n#### 15 Making Tribunal’s decisions available\n\n  (1) Where a decision includes a recommendation to a Minister, the Tribunal must give that Minister and the Secretary and the applicant a copy of its decision on the review of a reviewable decision within a reasonable period after it has made the decision.\n  (2) Where a decision does not include a recommendation to a Minister, the Tribunal must give the Secretary and the applicant a copy of its decision on the review of a reviewable decision within a reasonable period after it has made the decision.\n\n#### 15A Publication of Tribunal’s decisions\n\n  (1) If the hearing of the review was conducted wholly in public:\n    (a) the Tribunal must publish the decision on its website; and\n    (b) the published version of the decision must not contain classified material.\n  (2) If the hearing of the review was conducted wholly or partly in private:\n    (a) the Chair must decide whether to publish the decision on the Tribunal’s website; and\n    (b) any published version of the decision must not contain classified material.\n  (3) If the review was conducted without a hearing:\n    (a) the Chair must decide whether to publish the decision on the Tribunal’s website; and\n    (b) any published version of the decision must not contain classified material.\n  (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.\n\n## Part 3—Inquiries by Tribunal\n\n### Division 3.1—Written submissions to inquiry\n\n#### 16 Public call for written submissions\n\n  (1) The Tribunal may call for written submissions to an inquiry.\n  (2) Unless the Chair decides otherwise, the call for written submissions must be published:\n    (a) in a newspaper circulating nationally; and\n    (b) in any other manner the Chair decides is appropriate.\n  (3) The closing date for written submissions must be at least 20 working days after the day of the first publication of the call for written submissions.\n  (4) The Tribunal may accept a written submission after the closing date.\n\n#### 17 Making written submissions to inquiry\n\n  A written submission to an inquiry must be in accordance with an approved form.\n\n#### 18 What Tribunal may do with written submissions\n\n  The Tribunal’s powers in relation to written submissions are the same as its powers in relation to an application mentioned in rule 6.\n\n### Division 3.2—Conduct of inquiries\n\n#### 19 Inquiries to be public\n\n  (1) Subject to subrule (2), a hearing of an inquiry must be conducted in public.\n  (2) The Chair may direct that the hearing be conducted:\n    (a) in private; or\n    (b) partly in public and partly in private.\n  (3) For subrule (2), the grounds on which the Chair may decide that the hearing be conducted wholly or partly in private are those mentioned in subrule 11(3).\n  (4) The Chair may give directions as to who may be present at a hearing that is conducted wholly or partly in private.\n\n#### 20 Tribunal may invite person to make oral submission\n\n  (1) The Tribunal may:\n    (a) invite a person to make an oral submission at the hearing; and\n    (b) direct that the person make the oral submission in person or by audio link or audiovisual 34; and\n    (c) agree to a written request by the person that the person be represented at the hearing by a person who is not a legal practitioner.\n  (2) The reference to a legal practitioner in paragraph (1)(c) includes a reference to a person mentioned in paragraph 13(3)(a) or (b).\n\n### Division 3.3—Tribunal report on inquiry\n\n#### 21 Publication of report on inquiry\n\n  (1) The Tribunal must publish its report on the Tribunal website within 20 working days after the day it gives the report to the Minister under paragraph 110W(2)(b) of the Act.\n  (2) The published report must not contain classified material.\n\n## Part 4—General provisions relating to operation of Tribunal\n\n#### 22 Procedure of Tribunal\n\n  (1) Subject to the Act and the Regulations, the procedure of the Tribunal is at the discretion of the Tribunal.\n  (2) The Tribunal must conduct its proceedings with as little formality and technicality, and with as much expedition, as the requirements of the Act and the Regulations and a proper consideration of the matters before the Tribunal permit.\n  (3) The Tribunal is not bound by the rules of evidence but may inform itself on any matter in any way it considers appropriate.\n\n#### 23 Summons\n\n  (1) For paragraph 110XH(2)(h) of the Act, a summons must be in accordance with an approved form.\n  (2) Service of the summons on a person must be made by:\n    (a) giving a copy of the summons to the person; and\n    (b) at the same time as the copy is given to the person, showing the person the original of the summons.\n\n#### 24 Oath or affirmation for witnesses\n\n  Except in special circumstances. the Tribunal must require a person who gives evidence before the Tribunal to take an oath or make an affirmation.\n\n#### 25 Recording of Tribunal proceedings\n\n  (1) The Tribunal may:\n    (a) record a Tribunal proceeding; and\n    (b) make a transcript of the recording for its own purposes.\n  (2) If the Tribunal records a Tribunal proceeding, the Tribunal must:\n    (a) tell persons attending the proceeding that their evidence will be recorded; and\n    (b) give a person who gives evidence at the proceeding an electronic copy of the person’s evidence on request.\n\n#### 26 Adjournment of proceedings\n\n  The Tribunal may adjourn a Tribunal proceeding at any time.\n\n#### 27 Tribunal powers in relation to documents\n\n  The Tribunal may:\n    (a) retain a document given to the Tribunal under a provision of these procedural rules or under subsection 110XC(1) of the Act for as long as the Tribunal considers necessary; and\n    (b) make copies of or take extracts from the document.","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Inquiries to be public","content":"#### 19 Inquiries to be public\n\n  (1) Subject to subrule (2), a hearing of an inquiry must be conducted in public.\n  (2) The Chair may direct that the hearing be conducted:\n    (a) in private; or\n    (b) partly in public and partly in private.\n  (3) For subrule (2), the grounds on which the Chair may decide that the hearing be conducted wholly or partly in private are those mentioned in subrule 11(3).\n  (4) The Chair may give directions as to who may be present at a hearing that is conducted wholly or partly in private.","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Tribunal may invite person to make oral submission","content":"#### 20 Tribunal may invite person to make oral submission\n\n  (1) The Tribunal may:\n    (a) invite a person to make an oral submission at the hearing; and\n    (b) direct that the person make the oral submission in person or by audio link or audiovisual 34; and\n    (c) agree to a written request by the person that the person be represented at the hearing by a person who is not a legal practitioner.\n  (2) The reference to a legal practitioner in paragraph (1)(c) includes a reference to a person mentioned in paragraph 13(3)(a) or (b).","sortOrder":26},{"sectionNumber":"Division 3.3","sectionType":"division","heading":"Tribunal report on inquiry","content":"## Part 1—Preliminary\n\n#### 1 Name of procedural rules\n\n  These procedural rules are the Defence Honours and Awards Appeals Tribunal Procedural Rules 2011.\n\n#### 3 Definitions\n\n  In these procedural rules:\n\n> Act means the Defence Act 1903.\n\n> approved form means a form approved under rule 4.\n\n> audio link means a system of 2‑way communication linking different places so that a person speaking at 1 of them can be heard at the other places.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at 1 of them can be seen and heard at the other places.\n\n  Regulations means the Defence Regulation 2016.\n\n> Note 1: Several other words and expressions used in these procedural rules have the meaning given by section 110T of the Act, for example:\n\n     Chair\n     defence award\n     defence honour\n     foreign award\n     inquiry\n     reviewable decision\n     review of a reviewable decision\n     Tribunal\n     Tribunal member\n     Tribunal proceeding.\n\n> Note 2: For the definition of Secretary, see subsection 4(1) of the Act.\n\n#### 4 Forms\n\n  (1) The Chair may approve forms for these procedural rules.\n  (2) Approved forms must be published on the Tribunal website.\n\n## Part 2—Review of reviewable decisions by Tribunal\n\n### Division 2.1—Applications for review\n\n#### 5 Making applications\n\n  An application for review of a reviewable decision must be in accordance with an approved form.\n\n#### 6 What Tribunal may do with applications\n\n  (1) The Tribunal may use the application to conduct its own research into the reviewable decision.\n  (2) The Tribunal’s research may include giving the application for comment to:\n    (a) a person or organisation considered by the Tribunal to be appropriate; and\n    (b) a person or organisation the subject of adverse comment in the application.\n  (3) For paragraph (2)(a), the grounds on which the Tribunal may decide that a person or organisation is appropriate include:\n    (a) that the person or organisation has the capacity to assist with the review of the reviewable decision; and\n    (b) that the person or organisation has an interest in the reviewable decision.\n\n#### 7 Report by Secretary\n\n  (1) The Tribunal may give an application to the Secretary.\n  (2) The Secretary may give the application for comment to:\n    (a) a person in the Department; and\n    (b) a person in the Defence Force.\n  (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:\n    (a) if the application relates to a defence award, 30 working days after the day the Secretary receives the application;\n    (b) if the application relates to a defence honour, 60 working days after the day the Secretary receives the application.\n  (4) The report must include the following:\n    (a) the findings on material questions of fact and the reasons for the decision;\n    (b) a reference to the evidence on which the findings were based;\n    (c) if the evidence mentioned in paragraph (b) is in an unclassified document—a copy of the evidence;\n    (d) each other unclassified document under the Department’s control or in the Department’s possession that is relevant to the reviewable decision.\n  (5) The Secretary must:\n    (a) prepare a list of all classified documents under the Department’s control or in the Department’s possession that are relevant to the reviewable decision; and\n    (b) give the list to a Tribunal member who holds a security clearance for accessing the documents within 30 working days after the day the Secretary receives the application; and\n    (c) if a Tribunal member who holds a security clearance for accessing a document on the list requests access to the document—give that Tribunal member a specified number of copies of the document within 10 working days after the day the Secretary receives the request.\n  (6) The Tribunal may approve, in writing, a written request from the Secretary for more time to prepare the report or the list.\n  (7) The approval must state the additional time approved by the Tribunal.\n\n#### 8 Applicant may respond to report\n\n  (1) After receiving a report mentioned in subrule 7(3), the Tribunal must:\n    (a) give a copy of the report to the applicant within 10 working days; and\n    (b) tell the applicant that the applicant may give the Tribunal a written response to the report within 20 working days after the day the applicant receives the report.\n  (2) The Tribunal may approve, in writing, a written request by the applicant for more time to prepare the response.\n  (3) The approval must state the additional time approved by the Tribunal.\n\n#### 9 Other documents held by Department\n\n  (1) Subrule (2) applies if the Tribunal believes, on reasonable grounds, that not all of the documents under the Department’s control or in the Department’s possession have been:\n    (a) included in a report provided to the Tribunal under subrule 7(4); or\n    (b) listed for the Tribunal under paragraph 7(5)(a).\n  (2) The Tribunal may direct the Secretary:\n    (a) to give the Tribunal a specified number of copies of a document identified by the Tribunal within a specified time; and\n    (b) to search for further documents; and\n    (c) to give the Tribunal a specified number of copies of the further documents within a specified time.\n\n#### 10 Other documents held by other person or organisation\n\n  A person or organisation other than the Department must comply with a request by the Tribunal to provide a specified number of copies of a document within a specified time.\n\n### Division 2.2—Conduct of reviews\n\n#### 11 Review hearing may be public or private\n\n  (1) Subject to a direction of the Chair or the presiding Tribunal member under subrule (2), a hearing of a review of a reviewable decision must be conducted in public.\n  (2) The Chair or the presiding Tribunal member may direct that the hearing be conducted:\n    (a) in private; or\n    (b) partly in public and partly in private.\n  (3) For subrule (2), the grounds on which the Chair or the presiding Tribunal member may decide that the hearing be conducted wholly or partly in private include the following:\n    (a) that the matter under review is sensitive;\n    (b) that privacy is required to ensure fairness to a person involved or mentioned in the review;\n    (c) that the review involves matters of national security.\n  (4) The Chair or the presiding Tribunal member may give directions as to who may be present at a hearing that is conducted wholly or partly in private.\n\n#### 12 Review may be conducted without a hearing\n\n  (1) The Chair may direct that a review of a reviewable decision may be conducted without a hearing.\n  (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.\n\n#### 13 Making oral submissions at review hearing\n\n  (1) The Tribunal:\n    (a) must agree to a written request by an applicant to make an oral submission at a hearing of the review of a reviewable decision; and\n    (b) may invite another person to make an oral submission at the hearing; and\n    (c) may direct that an oral submission be made in person or by audio link or audiovisual link.\n  (2) The Tribunal may agree to a written request by the applicant that the applicant be represented at the hearing by another person.\n  (2A) The reference to another person in subrule (2) includes a reference to a legal practitioner.\n  (3) The reference to a legal practitioner in subrule (2A) includes a reference to a person who:\n    (a) holds a degree of Bachelor of Laws, Master of Laws, Doctor of Laws or Bachelor of Legal Studies; or\n    (b) is otherwise qualified for admission as a lawyer, barrister, solicitor or legal practitioner of the High Court or of the Supreme Court of a State or Territory.\n\n#### 14 Secretary must assist Tribunal\n\n  The Secretary must use his or her best endeavours to assist the Tribunal in relation to the review.\n\n#### 15 Making Tribunal’s decisions available\n\n  (1) Where a decision includes a recommendation to a Minister, the Tribunal must give that Minister and the Secretary and the applicant a copy of its decision on the review of a reviewable decision within a reasonable period after it has made the decision.\n  (2) Where a decision does not include a recommendation to a Minister, the Tribunal must give the Secretary and the applicant a copy of its decision on the review of a reviewable decision within a reasonable period after it has made the decision.\n\n#### 15A Publication of Tribunal’s decisions\n\n  (1) If the hearing of the review was conducted wholly in public:\n    (a) the Tribunal must publish the decision on its website; and\n    (b) the published version of the decision must not contain classified material.\n  (2) If the hearing of the review was conducted wholly or partly in private:\n    (a) the Chair must decide whether to publish the decision on the Tribunal’s website; and\n    (b) any published version of the decision must not contain classified material.\n  (3) If the review was conducted without a hearing:\n    (a) the Chair must decide whether to publish the decision on the Tribunal’s website; and\n    (b) any published version of the decision must not contain classified material.\n  (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.\n\n## Part 3—Inquiries by Tribunal\n\n### Division 3.1—Written submissions to inquiry\n\n#### 16 Public call for written submissions\n\n  (1) The Tribunal may call for written submissions to an inquiry.\n  (2) Unless the Chair decides otherwise, the call for written submissions must be published:\n    (a) in a newspaper circulating nationally; and\n    (b) in any other manner the Chair decides is appropriate.\n  (3) The closing date for written submissions must be at least 20 working days after the day of the first publication of the call for written submissions.\n  (4) The Tribunal may accept a written submission after the closing date.\n\n#### 17 Making written submissions to inquiry\n\n  A written submission to an inquiry must be in accordance with an approved form.\n\n#### 18 What Tribunal may do with written submissions\n\n  The Tribunal’s powers in relation to written submissions are the same as its powers in relation to an application mentioned in rule 6.\n\n### Division 3.2—Conduct of inquiries\n\n#### 19 Inquiries to be public\n\n  (1) Subject to subrule (2), a hearing of an inquiry must be conducted in public.\n  (2) The Chair may direct that the hearing be conducted:\n    (a) in private; or\n    (b) partly in public and partly in private.\n  (3) For subrule (2), the grounds on which the Chair may decide that the hearing be conducted wholly or partly in private are those mentioned in subrule 11(3).\n  (4) The Chair may give directions as to who may be present at a hearing that is conducted wholly or partly in private.\n\n#### 20 Tribunal may invite person to make oral submission\n\n  (1) The Tribunal may:\n    (a) invite a person to make an oral submission at the hearing; and\n    (b) direct that the person make the oral submission in person or by audio link or audiovisual 34; and\n    (c) agree to a written request by the person that the person be represented at the hearing by a person who is not a legal practitioner.\n  (2) The reference to a legal practitioner in paragraph (1)(c) includes a reference to a person mentioned in paragraph 13(3)(a) or (b).\n\n### Division 3.3—Tribunal report on inquiry\n\n#### 21 Publication of report on inquiry\n\n  (1) The Tribunal must publish its report on the Tribunal website within 20 working days after the day it gives the report to the Minister under paragraph 110W(2)(b) of the Act.\n  (2) The published report must not contain classified material.\n\n## Part 4—General provisions relating to operation of Tribunal\n\n#### 22 Procedure of Tribunal\n\n  (1) Subject to the Act and the Regulations, the procedure of the Tribunal is at the discretion of the Tribunal.\n  (2) The Tribunal must conduct its proceedings with as little formality and technicality, and with as much expedition, as the requirements of the Act and the Regulations and a proper consideration of the matters before the Tribunal permit.\n  (3) The Tribunal is not bound by the rules of evidence but may inform itself on any matter in any way it considers appropriate.\n\n#### 23 Summons\n\n  (1) For paragraph 110XH(2)(h) of the Act, a summons must be in accordance with an approved form.\n  (2) Service of the summons on a person must be made by:\n    (a) giving a copy of the summons to the person; and\n    (b) at the same time as the copy is given to the person, showing the person the original of the summons.\n\n#### 24 Oath or affirmation for witnesses\n\n  Except in special circumstances. the Tribunal must require a person who gives evidence before the Tribunal to take an oath or make an affirmation.\n\n#### 25 Recording of Tribunal proceedings\n\n  (1) The Tribunal may:\n    (a) record a Tribunal proceeding; and\n    (b) make a transcript of the recording for its own purposes.\n  (2) If the Tribunal records a Tribunal proceeding, the Tribunal must:\n    (a) tell persons attending the proceeding that their evidence will be recorded; and\n    (b) give a person who gives evidence at the proceeding an electronic copy of the person’s evidence on request.\n\n#### 26 Adjournment of proceedings\n\n  The Tribunal may adjourn a Tribunal proceeding at any time.\n\n#### 27 Tribunal powers in relation to documents\n\n  The Tribunal may:\n    (a) retain a document given to the Tribunal under a provision of these procedural rules or under subsection 110XC(1) of the Act for as long as the Tribunal considers necessary; and\n    (b) make copies of or take extracts from the document.","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Publication of report on inquiry","content":"#### 21 Publication of report on inquiry\n\n  (1) The Tribunal must publish its report on the Tribunal website within 20 working days after the day it gives the report to the Minister under paragraph 110W(2)(b) of the Act.\n  (2) The published report must not contain classified material.","sortOrder":28},{"sectionNumber":"Part 4","sectionType":"part","heading":"General provisions relating to operation of Tribunal","content":"## Part 4—General provisions relating to operation of Tribunal","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Procedure of Tribunal","content":"#### 22 Procedure of Tribunal\n\n  (1) Subject to the Act and the Regulations, the procedure of the Tribunal is at the discretion of the Tribunal.\n  (2) The Tribunal must conduct its proceedings with as little formality and technicality, and with as much expedition, as the requirements of the Act and the Regulations and a proper consideration of the matters before the Tribunal permit.\n  (3) The Tribunal is not bound by the rules of evidence but may inform itself on any matter in any way it considers appropriate.","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Summons","content":"#### 23 Summons\n\n  (1) For paragraph 110XH(2)(h) of the Act, a summons must be in accordance with an approved form.\n  (2) Service of the summons on a person must be made by:\n    (a) giving a copy of the summons to the person; and\n    (b) at the same time as the copy is given to the person, showing the person the original of the summons.","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Oath or affirmation for witnesses","content":"#### 24 Oath or affirmation for witnesses\n\n  Except in special circumstances. the Tribunal must require a person who gives evidence before the Tribunal to take an oath or make an affirmation.","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Recording of Tribunal proceedings","content":"#### 25 Recording of Tribunal proceedings\n\n  (1) The Tribunal may:\n    (a) record a Tribunal proceeding; and\n    (b) make a transcript of the recording for its own purposes.\n  (2) If the Tribunal records a Tribunal proceeding, the Tribunal must:\n    (a) tell persons attending the proceeding that their evidence will be recorded; and\n    (b) give a person who gives evidence at the proceeding an electronic copy of the person’s evidence on request.","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Adjournment of proceedings","content":"#### 26 Adjournment of proceedings\n\n  The Tribunal may adjourn a Tribunal proceeding at any time.","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":"Tribunal powers in relation to documents","content":"#### 27 Tribunal powers in relation to documents\n\n  The Tribunal may:\n    (a) retain a document given to the Tribunal under a provision of these procedural rules or under subsection 110XC(1) of the Act for as long as the Tribunal considers necessary; and\n    (b) make copies of or take extracts from the document.","sortOrder":35}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":1795},"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The rules maintain their original scope of establishing procedural frameworks for the Defence Honours and Awards Appeals Tribunal. The instrument covers the intended operational matters: application processes, review procedures, inquiry mechanisms, and general administrative powers without significant expansion beyond the original purpose."},"complexity_factors":["Cross-references to the Defence Act 1903 and Defence Regulation 2016 for definitions and powers","Multiple conditional timeframe calculations (30 vs 60 working days depending on award type; 10 vs 20 working days for various steps)","Complex document handling requirements distinguishing between classified and unclassified material","Nested conditional logic for hearing privacy (public by default, private for sensitivity/privacy/national security)","Dual procedural tracks (Part 2 for reviews of specific decisions, Part 3 for general inquiries) with slightly different rules"],"plain_english_summary":"These rules set out how the Defence Honours and Awards Appeals Tribunal handles reviews and inquiries regarding military honours and awards.\n\n**What the Tribunal does:**\nThe Tribunal reviews decisions made by the Department of Defence about defence honours and awards (medals and decorations). It can also conduct broader inquiries into matters related to these awards.\n\n**How the review process works:**\n- **Applications**: People seeking a review must submit an application using an approved form\n- **Defence response**: The Secretary of Defence must provide a detailed report within **30 working days** (for awards) or **60 working days** (for honours), including reasons for the decision, evidence, and all relevant unclassified documents. Classified documents are listed separately and made available to security-cleared Tribunal members\n- **Applicant's response**: The applicant receives the report and has **20 working days** to provide a written response\n- **Additional documents**: If the Tribunal believes Defence hasn't provided all relevant documents, it can order a further search and production of specific documents\n- **Hearings**: Generally held in public, but can be conducted wholly or partly in private if the matter involves national security, sensitive operational details, or personal privacy. Hearings can also be conducted \"on the papers\" (without a hearing) if both the applicant and Defence agree\n- **Representation**: Applicants can represent themselves or be represented by a lawyer (legal practitioner)\n- **Evidence**: The Tribunal isn't bound by strict court rules of evidence and can gather information however it considers appropriate\n- **Decisions**: Must be provided to the applicant and Defence (and to the Minister if the decision includes a recommendation). Decisions from public hearings must be published on the Tribunal website, though names may be withheld for privacy\n\n**Inquiries:**\nThe Tribunal can conduct broader inquiries into defence honours matters, calling for public submissions (advertised nationally), holding public hearings (unless privacy/security concerns exist), and publishing reports within 20 working days of providing them to the Minister.\n\n**General powers:**\nThe Tribunal can summon witnesses, require witnesses to take an oath or affirmation, record proceedings, adjourn hearings, and compel documents from any person or organisation."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The procedural rules prescribe process and administrative obligations for Tribunal reviews and inquiries (forms, timelines, evidence handling, hearings, publication), but do not alter the Tribunal’s substantive jurisdiction or the definition of \"reviewable decision\" — those substantive elements are referenced to the Defence Act 1903 (see rule 3 Note 1). The instrument therefore changes procedure and information flows rather than the scope of what may be reviewed."},"complexity_factors":["Multiple fixed timelines and deadlines for the Secretary’s report and applicant responses (rule 7(3), rule 8(1))","Separate handling and access rules for classified versus unclassified material, requiring security clearances for access (rule 7(4)–(5))","Numerous discretionary decision points vested in the Chair and presiding Tribunal members (form approval, private hearings, publication decisions, directions re hearings) (rules 4, 11, 12, 15A)","Cross-references to the Defence Act 1903 (section 110T) and Defence Regulation 2016 for definitions and limits, requiring users to consult multiple instruments (rule 3 Notes)","Procedural flexibility: Tribunal not bound by rules of evidence and may inform itself as it chooses (rule 22(3)), which increases interpretive variation","Obligations on third parties to produce documents on direction (rule 10) and Tribunal power to order searches for further documents (rule 9), creating operational complexity","Multiple overlapping provisions on publication, privacy and redaction for hearings and inquiries (rules 11, 15A, 21)","Permitted modes of participation (in-person, audio, audiovisual) and representation rules (including specified non-lawyer qualifications) add practical options to manage","Extension mechanisms for statutory timeframes (rules 7(6)–(7), 8(2)–(3)) that add procedural branching","Relatively low substantive legal novelty — primarily procedural rules rather than substantive changes — which reduces legal complexity but requires careful administrative coordination"],"plain_english_summary":"### What these rules do, in plain terms\n\nThese procedural rules set out how the Defence Honours and Awards Appeals Tribunal runs reviews of decisions about defence honours and awards, and how it conducts broader inquiries. They do not create the Tribunal’s underlying powers or define which decisions can be reviewed (those are given by the Defence Act 1903 and the references in the rules to section 110T of the Act); instead they prescribe the steps, time limits and practical arrangements the Tribunal, the Department of Defence (the Department) and applicants must follow when a review or inquiry takes place (see rule 3 Note 1 and rule 22).\n\nKey mechanical effects and who does what\n\n- Applicants must use an approved form when applying for a review or making a submission to an inquiry (rules 4, 5, 17). The Chair approves the forms and the Chair must publish them on the Tribunal website (rule 4). This creates a standardised filing requirement for applicants (rule 5, rule 17).\n\n- The Tribunal may investigate an application itself and may seek comments from other people or organisations (rule 6). The Tribunal can also send an application to the Secretary for a formal report (rule 7(1)).\n\n- When the Secretary is asked for a report, the Secretary must consult within Defence as appropriate and deliver a report and specified unclassified documents to the Tribunal within fixed timeframes: 30 working days for matters relating to a defence award and 60 working days for matters relating to a defence honour (rule 7(3)–(4)). The report must set out material factual findings, reasons, and references to evidence (rule 7(4)).\n\n- Classified documents: the Secretary must prepare a list of classified documents relevant to the review and provide that list to a Tribunal member who holds the required security clearance within 30 working days; if that Tribunal member requests copies, the Secretary must supply specified copies within 10 working days of the request (rule 7(5)). Access to classified material is therefore limited to suitably cleared Tribunal members and controlled by the Secretary (rule 7(5)).\n\n- Applicants get the Secretary’s report and have a right to respond in writing within a set period (the Tribunal must give the applicant the report within 10 working days and tell them they may respond within 20 working days) (rule 8(1)). The Tribunal may grant extensions in writing to the Secretary or the applicant (rules 7(6)–(7), 8(2)–(3)).\n\n- If the Tribunal believes the Department has not provided all relevant documents, it may direct the Secretary to produce specified copies and to search for further documents (rule 9). The Tribunal can also request documents from third parties, who must comply within the specified time (rule 10).\n\n- Hearings are public by default. The Chair or the presiding Tribunal member may order hearings to be private (or partly private) for specified reasons such as sensitivity, fairness, or national security; the Chair/presiding member can control who may be present at private hearings (rule 11(1)–(4)).\n\n- The Chair may direct that a review be conducted without a hearing, but only if both the applicant and the Secretary agree (rule 12).\n\n- Applicants may make oral submissions at hearings if they request to do so in writing. The Tribunal must agree to such a request. The Tribunal may invite others to make oral submissions and may permit oral submissions by audio or audiovisual link (rule 13(1)). Applicants may be represented, including by legal practitioners or persons with specified law qualifications; non-lawyer representatives are also permitted in some inquiry contexts (rule 13(2)–(3); rule 20(1)(c)).\n\n- The Secretary is required to use their best endeavours to assist the Tribunal (rule 14). The Tribunal must send its decision to the applicant and to the Secretary, and where the decision includes a recommendation to a Minister, the Tribunal must also give the Minister a copy (rule 15(1)–(2)).\n\n- Publication rules: decisions of reviews held wholly in public must be published on the Tribunal website, with classified material removed (rule 15A(1)). For hearings held partly or wholly in private, or reviews conducted without a hearing, the Chair decides whether to publish (rule 15A(2)–(3)). The Chair may also withhold identifying information about persons named in a decision (rule 15A(4)). Inquiry reports must be published on the Tribunal website within 20 working days after the Tribunal gives the report to the Minister; published versions must not contain classified material (rule 21(1)–(2)).\n\n- The Tribunal controls its own procedure subject to the Act and Defence Regulations, conducts proceedings with minimal formality where practicable, is not bound by the rules of evidence, and may retain and copy documents it receives (rules 22, 27). The Tribunal can summon witnesses using approved forms (rule 23) and may record proceedings, tell attendees when recording occurs, and supply electronic copies of a witness’s evidence on request (rule 25).\n\nPurpose claims (stated in the rules) and practical trade-offs\n\n- The rules are framed to give the Tribunal prompt, standardised processes for reviewing honours and awards, to ensure the Tribunal receives relevant material from the Department, and to provide transparency where possible (see rules 4, 7, 15A, 21). Those are purpose-claims implicit in the design of the duties and timelines.\n\n- Costs and incentives: the Department (through the Secretary) bears the administrative burden of preparing detailed reports and compiling lists of classified documents within fixed timeframes (rule 7(3)–(5)). The Tribunal bears the administrative cost of running hearings and publishing decisions where required (rules 15A, 21). Applicants face a compliance cost in using approved forms and meeting filing requirements (rules 4, 5, 17). Third parties required to produce documents also incur compliance costs (rule 10).\n\n- Trade-offs and implementation risks: the rules balance transparency (public hearings and publishing decisions, rules 11 and 15A) with confidentiality and security (private hearings, restricted access to classified documents, rules 11(3), 7(5)). Handling classified material introduces implementation friction: only cleared Tribunal members may access classified lists and documents, which can limit who can review that material and may delay access (rule 7(5)). Fixed reporting deadlines (30/60 working days) create time pressure on the Department; the Tribunal can grant extensions, but doing so modifies the speed promised by the rules (rules 7(6)–(7)).\n\n- Discretion and decision points: the Chair and presiding Tribunal members have multiple discretions that shape outcomes — approving forms (rule 4), directing private hearings (rule 11), deciding on publication where hearings were not wholly public (rule 15A), and directing a review to proceed without a hearing only with agreement (rule 12). That discretion concentrates operational choice in Tribunal leadership.\n\nConcentrated benefits, diffuse costs and possible behavioural effects\n\n- Beneficiaries: applicants receive a formal review process, access to the Department’s unclassified documents, and an opportunity to respond to the Department’s report (rules 7(4), 8). Tribunal members with security clearances gain access to classified materials necessary for adjudication (rule 7(5)).\n\n- Bearers of cost: the Department (Secretary) bears the main administrative cost of producing reports and assembling classified-document lists on set timelines (rule 7). Third parties required to provide documents bear compliance costs (rule 10). The Tribunal and its Chair take on administrative and publication choices.\n\n- Behavioural effects: applicants may consent to reviews without hearings (rule 12), which can reduce cost and time for all parties. The availability of oral submissions and representation (rule 13) shapes how applicants present cases. The rules’ publication regime encourages transparency for public hearings but allows confidentiality for sensitive matters (rule 15A).\n\nOverall mechanical summary\n\n- These rules set standard forms and timelines, allocate responsibilities between the Tribunal and the Secretary for gathering and sharing evidence (including classified material), provide for public-first hearings with stated exceptions, allow for written-only reviews if agreed, regulate representation and oral submissions, and set publication duties with redaction requirements for classified material (rules 4–27). They are procedural: they do not alter which decisions are reviewable under the Act; they set how reviews and inquiries must be handled and who does what."}},"importantCases":[],"_links":{"self":"/api/acts/defence-honours-and-awards-appeals-tribunal-procedural-rules-2011","history":"/api/acts/defence-honours-and-awards-appeals-tribunal-procedural-rules-2011/history","analysis":"/api/acts/defence-honours-and-awards-appeals-tribunal-procedural-rules-2011/analysis","conflicts":"/api/acts/defence-honours-and-awards-appeals-tribunal-procedural-rules-2011/conflicts","importantCases":"/api/acts/defence-honours-and-awards-appeals-tribunal-procedural-rules-2011/important-cases","documents":"/api/acts/defence-honours-and-awards-appeals-tribunal-procedural-rules-2011/documents"}}