{"id":"F2021L01318","name":"Defence Honours and Awards Appeals Tribunal Procedural Rules 2021","slug":"defence-honours-and-awards-appeals-tribunal-procedural-rules-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102101,"registerId":"commonwealth-F2021L01318-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Defence Honours and Awards Appeals Tribunal Procedural Rules 2021.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 110XH of the Defence Act 1903.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note 1: A number of expressions used in this instrument are defined in section 110T of the Act, including the following:\n\n    (a) Chair;\n    (b) defence award\n    (c) defence honour\n    (d) foreign award\n    (e) inquiry\n    (f) reviewable decision\n    (g) review of a reviewable decision\n    (h) Tribunal\n    (i) Tribunal member\n    (j) Tribunal proceeding.\n\n> Note 2: For the definition of Secretary, see subsection 4(1) of the Act.\n\n  In this instrument:\n\n> Act means the Defence Act 1903.\n\n> approved form means a form approved under rule 6.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n> Regulations means the Defence Regulation 2016.\n\n> video link means facilities (for example, closed‑circuit television facilities) that enable audio and visual communication between persons in different places.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Forms","content":"#### 6 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":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Review of reviewable decisions by Tribunal","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Defence Honours and Awards Appeals Tribunal Procedural Rules 2021.\n\n#### 3 Authority\n\n  This instrument is made under section 110XH of the Defence Act 1903.\n\n#### 4 Definitions\n\n> Note 1: A number of expressions used in this instrument are defined in section 110T of the Act, including the following:\n\n    (a) Chair;\n    (b) defence award\n    (c) defence honour\n    (d) foreign award\n    (e) inquiry\n    (f) reviewable decision\n    (g) review of a reviewable decision\n    (h) Tribunal\n    (i) Tribunal member\n    (j) Tribunal proceeding.\n\n> Note 2: For the definition of Secretary, see subsection 4(1) of the Act.\n\n  In this instrument:\n\n> Act means the Defence Act 1903.\n\n> approved form means a form approved under rule 6.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n> Regulations means the Defence Regulation 2016.\n\n> video link means facilities (for example, closed‑circuit television facilities) that enable audio and visual communication between persons in different places.\n\n#### 6 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#### 7 Making applications\n\n  An application for review of a reviewable decision must be in accordance with an approved form.\n\n#### 8 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#### 9 Report by Secretary\n\n  (1) The Tribunal may give an application to the Secretary, or an office holder designated by the Secretary in writing from time to time and notified to the Tribunal (designated office holder).\n  (2) The Secretary or designated office holder 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 or designated office holder is given an application under subrule (1), the Secretary or designated office holder 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 or designated office holder receives the application;\n    (b) if the application relates to a defence honour, 60 working days after the day the Secretary or designated office holder 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 or designated office holder 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 or designated office holder 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 or designated office holder receives the request.\n  (6) The Tribunal may approve, in writing, a written request from the Secretary or designated office holder 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#### 10 Applicant may respond to report\n\n  (1) After receiving a report mentioned in subrule 9(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#### 11 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 9(4); or\n    (b) listed for the Tribunal under paragraph 9(5)(a).\n  (2) The Tribunal may direct the Secretary or designated office holder:\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#### 12 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#### 13 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#### 14 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#### 15 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 video 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#### 16 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#### 17 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#### 18 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 an applicant or of a person to whom a recommendation relates or any other information that is likely to identify such a person, or to redact from the published version other personal information or sensitive information that the Chair considers it appropriate to withhold from publication.\n  (5) The published version shall be published on the website 20 working days after it is provided to the parties, or at a later date as determined by the Chair as necessary to allow consideration of issues referred to in subrule (4).\n\n## Part 3—Inquiries by Tribunal\n\n### Division 3.1—Written submissions to inquiry\n\n#### 19 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#### 20 Making written submissions to inquiry\n\n  A written submission to an inquiry must be in accordance with an approved form.\n\n#### 21 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 8.\n\n### Division 3.2—Conduct of inquiries\n\n#### 22 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 13(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#### 23 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 video link; 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 15(3)(a) or (b).\n\n### Division 3.3—Tribunal report on inquiry\n\n#### 24 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#### 25 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#### 26 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#### 27 Oath or affirmation for witnesses\n\n  The Tribunal may require a person who gives evidence before the Tribunal to take an oath or make an affirmation.\n\n#### 28 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#### 29 Adjournment of proceedings\n\n  The Tribunal may adjourn a Tribunal proceeding at any time.\n\n#### 30 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.\n\n#### 31 Public Hearings\n\n  The Tribunal may, if it considers it appropriate, arrange for a hearing, or a part of a hearing, that is to be held in public to be broadcast by live‑streaming or other technology in order to allow members of the public not in attendance who wish to do so to observe proceedings at that hearing or that part of a hearing.","sortOrder":5},{"sectionNumber":"Division 2.1","sectionType":"division","heading":"Applications for review","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Defence Honours and Awards Appeals Tribunal Procedural Rules 2021.\n\n#### 3 Authority\n\n  This instrument is made under section 110XH of the Defence Act 1903.\n\n#### 4 Definitions\n\n> Note 1: A number of expressions used in this instrument are defined in section 110T of the Act, including the following:\n\n    (a) Chair;\n    (b) defence award\n    (c) defence honour\n    (d) foreign award\n    (e) inquiry\n    (f) reviewable decision\n    (g) review of a reviewable decision\n    (h) Tribunal\n    (i) Tribunal member\n    (j) Tribunal proceeding.\n\n> Note 2: For the definition of Secretary, see subsection 4(1) of the Act.\n\n  In this instrument:\n\n> Act means the Defence Act 1903.\n\n> approved form means a form approved under rule 6.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n> Regulations means the Defence Regulation 2016.\n\n> video link means facilities (for example, closed‑circuit television facilities) that enable audio and visual communication between persons in different places.\n\n#### 6 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#### 7 Making applications\n\n  An application for review of a reviewable decision must be in accordance with an approved form.\n\n#### 8 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#### 9 Report by Secretary\n\n  (1) The Tribunal may give an application to the Secretary, or an office holder designated by the Secretary in writing from time to time and notified to the Tribunal (designated office holder).\n  (2) The Secretary or designated office holder 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 or designated office holder is given an application under subrule (1), the Secretary or designated office holder 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 or designated office holder receives the application;\n    (b) if the application relates to a defence honour, 60 working days after the day the Secretary or designated office holder 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 or designated office holder 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 or designated office holder 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 or designated office holder receives the request.\n  (6) The Tribunal may approve, in writing, a written request from the Secretary or designated office holder 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#### 10 Applicant may respond to report\n\n  (1) After receiving a report mentioned in subrule 9(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#### 11 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 9(4); or\n    (b) listed for the Tribunal under paragraph 9(5)(a).\n  (2) The Tribunal may direct the Secretary or designated office holder:\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#### 12 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#### 13 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#### 14 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#### 15 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 video 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#### 16 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#### 17 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#### 18 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 an applicant or of a person to whom a recommendation relates or any other information that is likely to identify such a person, or to redact from the published version other personal information or sensitive information that the Chair considers it appropriate to withhold from publication.\n  (5) The published version shall be published on the website 20 working days after it is provided to the parties, or at a later date as determined by the Chair as necessary to allow consideration of issues referred to in subrule (4).\n\n## Part 3—Inquiries by Tribunal\n\n### Division 3.1—Written submissions to inquiry\n\n#### 19 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#### 20 Making written submissions to inquiry\n\n  A written submission to an inquiry must be in accordance with an approved form.\n\n#### 21 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 8.\n\n### Division 3.2—Conduct of inquiries\n\n#### 22 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 13(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#### 23 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 video link; 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 15(3)(a) or (b).\n\n### Division 3.3—Tribunal report on inquiry\n\n#### 24 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#### 25 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#### 26 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#### 27 Oath or affirmation for witnesses\n\n  The Tribunal may require a person who gives evidence before the Tribunal to take an oath or make an affirmation.\n\n#### 28 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#### 29 Adjournment of proceedings\n\n  The Tribunal may adjourn a Tribunal proceeding at any time.\n\n#### 30 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.\n\n#### 31 Public Hearings\n\n  The Tribunal may, if it considers it appropriate, arrange for a hearing, or a part of a hearing, that is to be held in public to be broadcast by live‑streaming or other technology in order to allow members of the public not in attendance who wish to do so to observe proceedings at that hearing or that part of a hearing.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Making applications","content":"#### 7 Making applications\n\n  An application for review of a reviewable decision must be in accordance with an approved form.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"What Tribunal may do with applications","content":"#### 8 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":8},{"sectionNumber":"9","sectionType":"section","heading":"Report by Secretary","content":"#### 9 Report by Secretary\n\n  (1) The Tribunal may give an application to the Secretary, or an office holder designated by the Secretary in writing from time to time and notified to the Tribunal (designated office holder).\n  (2) The Secretary or designated office holder 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 or designated office holder is given an application under subrule (1), the Secretary or designated office holder 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 or designated office holder receives the application;\n    (b) if the application relates to a defence honour, 60 working days after the day the Secretary or designated office holder 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 or designated office holder 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 or designated office holder 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 or designated office holder receives the request.\n  (6) The Tribunal may approve, in writing, a written request from the Secretary or designated office holder for more time to prepare the report or the list.\n  (7) The approval must state the additional time approved by the Tribunal.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Applicant may respond to report","content":"#### 10 Applicant may respond to report\n\n  (1) After receiving a report mentioned in subrule 9(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":10},{"sectionNumber":"11","sectionType":"section","heading":"Other documents held by Department","content":"#### 11 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 9(4); or\n    (b) listed for the Tribunal under paragraph 9(5)(a).\n  (2) The Tribunal may direct the Secretary or designated office holder:\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":11},{"sectionNumber":"12","sectionType":"section","heading":"Other documents held by other person or organisation","content":"#### 12 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":12},{"sectionNumber":"Division 2.2","sectionType":"division","heading":"Conduct of reviews","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Defence Honours and Awards Appeals Tribunal Procedural Rules 2021.\n\n#### 3 Authority\n\n  This instrument is made under section 110XH of the Defence Act 1903.\n\n#### 4 Definitions\n\n> Note 1: A number of expressions used in this instrument are defined in section 110T of the Act, including the following:\n\n    (a) Chair;\n    (b) defence award\n    (c) defence honour\n    (d) foreign award\n    (e) inquiry\n    (f) reviewable decision\n    (g) review of a reviewable decision\n    (h) Tribunal\n    (i) Tribunal member\n    (j) Tribunal proceeding.\n\n> Note 2: For the definition of Secretary, see subsection 4(1) of the Act.\n\n  In this instrument:\n\n> Act means the Defence Act 1903.\n\n> approved form means a form approved under rule 6.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n> Regulations means the Defence Regulation 2016.\n\n> video link means facilities (for example, closed‑circuit television facilities) that enable audio and visual communication between persons in different places.\n\n#### 6 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#### 7 Making applications\n\n  An application for review of a reviewable decision must be in accordance with an approved form.\n\n#### 8 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#### 9 Report by Secretary\n\n  (1) The Tribunal may give an application to the Secretary, or an office holder designated by the Secretary in writing from time to time and notified to the Tribunal (designated office holder).\n  (2) The Secretary or designated office holder 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 or designated office holder is given an application under subrule (1), the Secretary or designated office holder 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 or designated office holder receives the application;\n    (b) if the application relates to a defence honour, 60 working days after the day the Secretary or designated office holder 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 or designated office holder 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 or designated office holder 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 or designated office holder receives the request.\n  (6) The Tribunal may approve, in writing, a written request from the Secretary or designated office holder 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#### 10 Applicant may respond to report\n\n  (1) After receiving a report mentioned in subrule 9(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#### 11 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 9(4); or\n    (b) listed for the Tribunal under paragraph 9(5)(a).\n  (2) The Tribunal may direct the Secretary or designated office holder:\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#### 12 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#### 13 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#### 14 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#### 15 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 video 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#### 16 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#### 17 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#### 18 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 an applicant or of a person to whom a recommendation relates or any other information that is likely to identify such a person, or to redact from the published version other personal information or sensitive information that the Chair considers it appropriate to withhold from publication.\n  (5) The published version shall be published on the website 20 working days after it is provided to the parties, or at a later date as determined by the Chair as necessary to allow consideration of issues referred to in subrule (4).\n\n## Part 3—Inquiries by Tribunal\n\n### Division 3.1—Written submissions to inquiry\n\n#### 19 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#### 20 Making written submissions to inquiry\n\n  A written submission to an inquiry must be in accordance with an approved form.\n\n#### 21 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 8.\n\n### Division 3.2—Conduct of inquiries\n\n#### 22 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 13(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#### 23 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 video link; 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 15(3)(a) or (b).\n\n### Division 3.3—Tribunal report on inquiry\n\n#### 24 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#### 25 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#### 26 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#### 27 Oath or affirmation for witnesses\n\n  The Tribunal may require a person who gives evidence before the Tribunal to take an oath or make an affirmation.\n\n#### 28 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#### 29 Adjournment of proceedings\n\n  The Tribunal may adjourn a Tribunal proceeding at any time.\n\n#### 30 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.\n\n#### 31 Public Hearings\n\n  The Tribunal may, if it considers it appropriate, arrange for a hearing, or a part of a hearing, that is to be held in public to be broadcast by live‑streaming or other technology in order to allow members of the public not in attendance who wish to do so to observe proceedings at that hearing or that part of a hearing.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Review hearing may be public or private","content":"#### 13 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":14},{"sectionNumber":"14","sectionType":"section","heading":"Review may be conducted without a hearing","content":"#### 14 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":15},{"sectionNumber":"15","sectionType":"section","heading":"Making oral submissions at review hearing","content":"#### 15 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 video 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":16},{"sectionNumber":"16","sectionType":"section","heading":"Secretary must assist Tribunal","content":"#### 16 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":17},{"sectionNumber":"17","sectionType":"section","heading":"Making Tribunal’s decisions available","content":"#### 17 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":18},{"sectionNumber":"18","sectionType":"section","heading":"Publication of Tribunal’s decisions","content":"#### 18 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 an applicant or of a person to whom a recommendation relates or any other information that is likely to identify such a person, or to redact from the published version other personal information or sensitive information that the Chair considers it appropriate to withhold from publication.\n  (5) The published version shall be published on the website 20 working days after it is provided to the parties, or at a later date as determined by the Chair as necessary to allow consideration of issues referred to in subrule (4).","sortOrder":19},{"sectionNumber":"Part 3","sectionType":"part","heading":"Inquiries by Tribunal","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Defence Honours and Awards Appeals Tribunal Procedural Rules 2021.\n\n#### 3 Authority\n\n  This instrument is made under section 110XH of the Defence Act 1903.\n\n#### 4 Definitions\n\n> Note 1: A number of expressions used in this instrument are defined in section 110T of the Act, including the following:\n\n    (a) Chair;\n    (b) defence award\n    (c) defence honour\n    (d) foreign award\n    (e) inquiry\n    (f) reviewable decision\n    (g) review of a reviewable decision\n    (h) Tribunal\n    (i) Tribunal member\n    (j) Tribunal proceeding.\n\n> Note 2: For the definition of Secretary, see subsection 4(1) of the Act.\n\n  In this instrument:\n\n> Act means the Defence Act 1903.\n\n> approved form means a form approved under rule 6.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n> Regulations means the Defence Regulation 2016.\n\n> video link means facilities (for example, closed‑circuit television facilities) that enable audio and visual communication between persons in different places.\n\n#### 6 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#### 7 Making applications\n\n  An application for review of a reviewable decision must be in accordance with an approved form.\n\n#### 8 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#### 9 Report by Secretary\n\n  (1) The Tribunal may give an application to the Secretary, or an office holder designated by the Secretary in writing from time to time and notified to the Tribunal (designated office holder).\n  (2) The Secretary or designated office holder 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 or designated office holder is given an application under subrule (1), the Secretary or designated office holder 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 or designated office holder receives the application;\n    (b) if the application relates to a defence honour, 60 working days after the day the Secretary or designated office holder 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 or designated office holder 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 or designated office holder 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 or designated office holder receives the request.\n  (6) The Tribunal may approve, in writing, a written request from the Secretary or designated office holder 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#### 10 Applicant may respond to report\n\n  (1) After receiving a report mentioned in subrule 9(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#### 11 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 9(4); or\n    (b) listed for the Tribunal under paragraph 9(5)(a).\n  (2) The Tribunal may direct the Secretary or designated office holder:\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#### 12 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#### 13 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#### 14 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#### 15 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 video 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#### 16 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#### 17 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#### 18 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 an applicant or of a person to whom a recommendation relates or any other information that is likely to identify such a person, or to redact from the published version other personal information or sensitive information that the Chair considers it appropriate to withhold from publication.\n  (5) The published version shall be published on the website 20 working days after it is provided to the parties, or at a later date as determined by the Chair as necessary to allow consideration of issues referred to in subrule (4).\n\n## Part 3—Inquiries by Tribunal\n\n### Division 3.1—Written submissions to inquiry\n\n#### 19 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#### 20 Making written submissions to inquiry\n\n  A written submission to an inquiry must be in accordance with an approved form.\n\n#### 21 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 8.\n\n### Division 3.2—Conduct of inquiries\n\n#### 22 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 13(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#### 23 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 video link; 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 15(3)(a) or (b).\n\n### Division 3.3—Tribunal report on inquiry\n\n#### 24 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#### 25 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#### 26 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#### 27 Oath or affirmation for witnesses\n\n  The Tribunal may require a person who gives evidence before the Tribunal to take an oath or make an affirmation.\n\n#### 28 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#### 29 Adjournment of proceedings\n\n  The Tribunal may adjourn a Tribunal proceeding at any time.\n\n#### 30 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.\n\n#### 31 Public Hearings\n\n  The Tribunal may, if it considers it appropriate, arrange for a hearing, or a part of a hearing, that is to be held in public to be broadcast by live‑streaming or other technology in order to allow members of the public not in attendance who wish to do so to observe proceedings at that hearing or that part of a hearing.","sortOrder":20},{"sectionNumber":"Division 3.1","sectionType":"division","heading":"Written submissions to inquiry","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Defence Honours and Awards Appeals Tribunal Procedural Rules 2021.\n\n#### 3 Authority\n\n  This instrument is made under section 110XH of the Defence Act 1903.\n\n#### 4 Definitions\n\n> Note 1: A number of expressions used in this instrument are defined in section 110T of the Act, including the following:\n\n    (a) Chair;\n    (b) defence award\n    (c) defence honour\n    (d) foreign award\n    (e) inquiry\n    (f) reviewable decision\n    (g) review of a reviewable decision\n    (h) Tribunal\n    (i) Tribunal member\n    (j) Tribunal proceeding.\n\n> Note 2: For the definition of Secretary, see subsection 4(1) of the Act.\n\n  In this instrument:\n\n> Act means the Defence Act 1903.\n\n> approved form means a form approved under rule 6.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n> Regulations means the Defence Regulation 2016.\n\n> video link means facilities (for example, closed‑circuit television facilities) that enable audio and visual communication between persons in different places.\n\n#### 6 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#### 7 Making applications\n\n  An application for review of a reviewable decision must be in accordance with an approved form.\n\n#### 8 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#### 9 Report by Secretary\n\n  (1) The Tribunal may give an application to the Secretary, or an office holder designated by the Secretary in writing from time to time and notified to the Tribunal (designated office holder).\n  (2) The Secretary or designated office holder 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 or designated office holder is given an application under subrule (1), the Secretary or designated office holder 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 or designated office holder receives the application;\n    (b) if the application relates to a defence honour, 60 working days after the day the Secretary or designated office holder 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 or designated office holder 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 or designated office holder 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 or designated office holder receives the request.\n  (6) The Tribunal may approve, in writing, a written request from the Secretary or designated office holder 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#### 10 Applicant may respond to report\n\n  (1) After receiving a report mentioned in subrule 9(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#### 11 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 9(4); or\n    (b) listed for the Tribunal under paragraph 9(5)(a).\n  (2) The Tribunal may direct the Secretary or designated office holder:\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#### 12 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#### 13 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#### 14 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#### 15 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 video 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#### 16 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#### 17 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#### 18 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 an applicant or of a person to whom a recommendation relates or any other information that is likely to identify such a person, or to redact from the published version other personal information or sensitive information that the Chair considers it appropriate to withhold from publication.\n  (5) The published version shall be published on the website 20 working days after it is provided to the parties, or at a later date as determined by the Chair as necessary to allow consideration of issues referred to in subrule (4).\n\n## Part 3—Inquiries by Tribunal\n\n### Division 3.1—Written submissions to inquiry\n\n#### 19 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#### 20 Making written submissions to inquiry\n\n  A written submission to an inquiry must be in accordance with an approved form.\n\n#### 21 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 8.\n\n### Division 3.2—Conduct of inquiries\n\n#### 22 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 13(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#### 23 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 video link; 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 15(3)(a) or (b).\n\n### Division 3.3—Tribunal report on inquiry\n\n#### 24 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#### 25 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#### 26 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#### 27 Oath or affirmation for witnesses\n\n  The Tribunal may require a person who gives evidence before the Tribunal to take an oath or make an affirmation.\n\n#### 28 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#### 29 Adjournment of proceedings\n\n  The Tribunal may adjourn a Tribunal proceeding at any time.\n\n#### 30 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.\n\n#### 31 Public Hearings\n\n  The Tribunal may, if it considers it appropriate, arrange for a hearing, or a part of a hearing, that is to be held in public to be broadcast by live‑streaming or other technology in order to allow members of the public not in attendance who wish to do so to observe proceedings at that hearing or that part of a hearing.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Public call for written submissions","content":"#### 19 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":22},{"sectionNumber":"20","sectionType":"section","heading":"Making written submissions to inquiry","content":"#### 20 Making written submissions to inquiry\n\n  A written submission to an inquiry must be in accordance with an approved form.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"What Tribunal may do with written submissions","content":"#### 21 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 8.","sortOrder":24},{"sectionNumber":"Division 3.2","sectionType":"division","heading":"Conduct of inquiries","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Defence Honours and Awards Appeals Tribunal Procedural Rules 2021.\n\n#### 3 Authority\n\n  This instrument is made under section 110XH of the Defence Act 1903.\n\n#### 4 Definitions\n\n> Note 1: A number of expressions used in this instrument are defined in section 110T of the Act, including the following:\n\n    (a) Chair;\n    (b) defence award\n    (c) defence honour\n    (d) foreign award\n    (e) inquiry\n    (f) reviewable decision\n    (g) review of a reviewable decision\n    (h) Tribunal\n    (i) Tribunal member\n    (j) Tribunal proceeding.\n\n> Note 2: For the definition of Secretary, see subsection 4(1) of the Act.\n\n  In this instrument:\n\n> Act means the Defence Act 1903.\n\n> approved form means a form approved under rule 6.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n> Regulations means the Defence Regulation 2016.\n\n> video link means facilities (for example, closed‑circuit television facilities) that enable audio and visual communication between persons in different places.\n\n#### 6 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#### 7 Making applications\n\n  An application for review of a reviewable decision must be in accordance with an approved form.\n\n#### 8 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#### 9 Report by Secretary\n\n  (1) The Tribunal may give an application to the Secretary, or an office holder designated by the Secretary in writing from time to time and notified to the Tribunal (designated office holder).\n  (2) The Secretary or designated office holder 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 or designated office holder is given an application under subrule (1), the Secretary or designated office holder 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 or designated office holder receives the application;\n    (b) if the application relates to a defence honour, 60 working days after the day the Secretary or designated office holder 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 or designated office holder 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 or designated office holder 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 or designated office holder receives the request.\n  (6) The Tribunal may approve, in writing, a written request from the Secretary or designated office holder 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#### 10 Applicant may respond to report\n\n  (1) After receiving a report mentioned in subrule 9(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#### 11 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 9(4); or\n    (b) listed for the Tribunal under paragraph 9(5)(a).\n  (2) The Tribunal may direct the Secretary or designated office holder:\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#### 12 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#### 13 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#### 14 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#### 15 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 video 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#### 16 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#### 17 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#### 18 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 an applicant or of a person to whom a recommendation relates or any other information that is likely to identify such a person, or to redact from the published version other personal information or sensitive information that the Chair considers it appropriate to withhold from publication.\n  (5) The published version shall be published on the website 20 working days after it is provided to the parties, or at a later date as determined by the Chair as necessary to allow consideration of issues referred to in subrule (4).\n\n## Part 3—Inquiries by Tribunal\n\n### Division 3.1—Written submissions to inquiry\n\n#### 19 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#### 20 Making written submissions to inquiry\n\n  A written submission to an inquiry must be in accordance with an approved form.\n\n#### 21 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 8.\n\n### Division 3.2—Conduct of inquiries\n\n#### 22 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 13(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#### 23 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 video link; 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 15(3)(a) or (b).\n\n### Division 3.3—Tribunal report on inquiry\n\n#### 24 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#### 25 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#### 26 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#### 27 Oath or affirmation for witnesses\n\n  The Tribunal may require a person who gives evidence before the Tribunal to take an oath or make an affirmation.\n\n#### 28 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#### 29 Adjournment of proceedings\n\n  The Tribunal may adjourn a Tribunal proceeding at any time.\n\n#### 30 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.\n\n#### 31 Public Hearings\n\n  The Tribunal may, if it considers it appropriate, arrange for a hearing, or a part of a hearing, that is to be held in public to be broadcast by live‑streaming or other technology in order to allow members of the public not in attendance who wish to do so to observe proceedings at that hearing or that part of a hearing.","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Inquiries to be public","content":"#### 22 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 13(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":26},{"sectionNumber":"23","sectionType":"section","heading":"Tribunal may invite person to make oral submission","content":"#### 23 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 video link; 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 15(3)(a) or (b).","sortOrder":27},{"sectionNumber":"Division 3.3","sectionType":"division","heading":"Tribunal report on inquiry","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Defence Honours and Awards Appeals Tribunal Procedural Rules 2021.\n\n#### 3 Authority\n\n  This instrument is made under section 110XH of the Defence Act 1903.\n\n#### 4 Definitions\n\n> Note 1: A number of expressions used in this instrument are defined in section 110T of the Act, including the following:\n\n    (a) Chair;\n    (b) defence award\n    (c) defence honour\n    (d) foreign award\n    (e) inquiry\n    (f) reviewable decision\n    (g) review of a reviewable decision\n    (h) Tribunal\n    (i) Tribunal member\n    (j) Tribunal proceeding.\n\n> Note 2: For the definition of Secretary, see subsection 4(1) of the Act.\n\n  In this instrument:\n\n> Act means the Defence Act 1903.\n\n> approved form means a form approved under rule 6.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n> Regulations means the Defence Regulation 2016.\n\n> video link means facilities (for example, closed‑circuit television facilities) that enable audio and visual communication between persons in different places.\n\n#### 6 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#### 7 Making applications\n\n  An application for review of a reviewable decision must be in accordance with an approved form.\n\n#### 8 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#### 9 Report by Secretary\n\n  (1) The Tribunal may give an application to the Secretary, or an office holder designated by the Secretary in writing from time to time and notified to the Tribunal (designated office holder).\n  (2) The Secretary or designated office holder 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 or designated office holder is given an application under subrule (1), the Secretary or designated office holder 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 or designated office holder receives the application;\n    (b) if the application relates to a defence honour, 60 working days after the day the Secretary or designated office holder 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 or designated office holder 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 or designated office holder 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 or designated office holder receives the request.\n  (6) The Tribunal may approve, in writing, a written request from the Secretary or designated office holder 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#### 10 Applicant may respond to report\n\n  (1) After receiving a report mentioned in subrule 9(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#### 11 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 9(4); or\n    (b) listed for the Tribunal under paragraph 9(5)(a).\n  (2) The Tribunal may direct the Secretary or designated office holder:\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#### 12 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#### 13 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#### 14 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#### 15 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 video 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#### 16 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#### 17 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#### 18 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 an applicant or of a person to whom a recommendation relates or any other information that is likely to identify such a person, or to redact from the published version other personal information or sensitive information that the Chair considers it appropriate to withhold from publication.\n  (5) The published version shall be published on the website 20 working days after it is provided to the parties, or at a later date as determined by the Chair as necessary to allow consideration of issues referred to in subrule (4).\n\n## Part 3—Inquiries by Tribunal\n\n### Division 3.1—Written submissions to inquiry\n\n#### 19 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#### 20 Making written submissions to inquiry\n\n  A written submission to an inquiry must be in accordance with an approved form.\n\n#### 21 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 8.\n\n### Division 3.2—Conduct of inquiries\n\n#### 22 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 13(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#### 23 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 video link; 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 15(3)(a) or (b).\n\n### Division 3.3—Tribunal report on inquiry\n\n#### 24 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#### 25 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#### 26 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#### 27 Oath or affirmation for witnesses\n\n  The Tribunal may require a person who gives evidence before the Tribunal to take an oath or make an affirmation.\n\n#### 28 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#### 29 Adjournment of proceedings\n\n  The Tribunal may adjourn a Tribunal proceeding at any time.\n\n#### 30 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.\n\n#### 31 Public Hearings\n\n  The Tribunal may, if it considers it appropriate, arrange for a hearing, or a part of a hearing, that is to be held in public to be broadcast by live‑streaming or other technology in order to allow members of the public not in attendance who wish to do so to observe proceedings at that hearing or that part of a hearing.","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Publication of report on inquiry","content":"#### 24 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":29},{"sectionNumber":"Part 4","sectionType":"part","heading":"General provisions relating to operation of Tribunal","content":"## Part 4—General provisions relating to operation of Tribunal","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Procedure of Tribunal","content":"#### 25 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":31},{"sectionNumber":"26","sectionType":"section","heading":"Summons","content":"#### 26 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":32},{"sectionNumber":"27","sectionType":"section","heading":"Oath or affirmation for witnesses","content":"#### 27 Oath or affirmation for witnesses\n\n  The Tribunal may require a person who gives evidence before the Tribunal to take an oath or make an affirmation.","sortOrder":33},{"sectionNumber":"28","sectionType":"section","heading":"Recording of Tribunal proceedings","content":"#### 28 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":34},{"sectionNumber":"29","sectionType":"section","heading":"Adjournment of proceedings","content":"#### 29 Adjournment of proceedings\n\n  The Tribunal may adjourn a Tribunal proceeding at any time.","sortOrder":35},{"sectionNumber":"30","sectionType":"section","heading":"Tribunal powers in relation to documents","content":"#### 30 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":36},{"sectionNumber":"31","sectionType":"section","heading":"Public Hearings","content":"#### 31 Public Hearings\n\n  The Tribunal may, if it considers it appropriate, arrange for a hearing, or a part of a hearing, that is to be held in public to be broadcast by live‑streaming or other technology in order to allow members of the public not in attendance who wish to do so to observe proceedings at that hearing or that part of a hearing.","sortOrder":37}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This instrument is made under section 110XH of the Defence Act 1903 (rule 3) and confines itself to procedural matters: application forms, timelines, evidence and publication processes. It does not, on its face, expand or reduce the Tribunal’s substantive jurisdiction under the Act; it regulates how reviews and inquiries are conducted rather than changing who may apply or the legal tests for decisions."},"complexity_factors":["Reliance on definitions and substantive authority in the Defence Act (rule 4 note 1; rule 3 authority) — procedural rules reference Act terms rather than restating them.","Mandatory reporting deadlines for the Secretary: 30 working days for defence awards and 60 working days for defence honours (rule 9(3)) — operational burden on the Department.","Classified material handling: requirement to list classified documents, limit access to security‑cleared Tribunal members and supply copies on request (rule 9(5)) — adds clearance and logistics complexity.","Wide Chair/Tribunal discretions over public/private hearings, redaction and publication timing (rules 13(2)-(3); 18(2)-(5); 22(2)-(3)) — discretionary decision points affecting transparency.","Multiple approved‑form requirements across applications, submissions and summonses (rules 6; 7; 20; 26) — formal compliance steps for applicants and third parties.","Document‑compulsion and search powers directed at the Department and non‑Department persons or organisations (rules 11; 12) — evidentiary and compliance obligations.","Timed applicant rights to respond and formal extension processes for both Secretary and applicants (rules 9(6)-(7); 10(1)-(3)) — layered timelines to manage.","Tribunal not bound by rules of evidence and allowed to inform itself as it sees fit (rule 25(3)) — legal practice complexity for case preparation and assessment.","Requirements for recording proceedings, notification to witnesses and provision of electronic copies (rule 28) — administrative and privacy considerations.","Publication deadlines and constraints (must not include classified material; 20 working day publication delay after parties receive decision) (rule 18(1),(5)) — timing and redaction obligations."],"plain_english_summary":"These rules prescribe how the Defence Honours and Awards Appeals Tribunal conducts reviews and inquiries under the Defence Act 1903: required forms, timelines for Department reports, access to classified and unclassified documents, public/private hearings, publication rules and evidentiary powers. They affect applicants, Tribunal members, the Secretary/Department and Ministers by creating mandatory procedures and deadlines (for example, report times and security‑cleared access) and by allocating decision‑making and discretion to the Chair and the Tribunal."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":1729},"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument establishes the original procedural framework for the Tribunal as enacted in 2021. The scope remains confined to procedural rules for reviews of reviewable decisions and inquiries regarding defence honours and awards, consistent with the enabling provision (section 110XH of the Defence Act 1903)."},"complexity_factors":["Cross-references to the Defence Act 1903 (sections 110T, 110W, 110XC, 110XH) and Defence Regulation 2016 for substantive definitions and powers","Differential timeframes: 30 working days for defence awards versus 60 working days for defence honours in Secretary's reports (Rule 9)","Conditional publication logic: different rules apply depending on whether a hearing was public, private, or not held at all (Rules 18 and 24)","Security clearance protocols: classified documents require specific handling, listing, and access restrictions (Rule 9(5))","Nested definition of 'legal practitioner' requiring specific law degrees or admission qualifications (Rule 15(3))","Multiple discretionary powers requiring written approval (forms, time extensions, directions for private hearings)"],"plain_english_summary":"These rules set out how the **Defence Honours and Awards Appeals Tribunal** runs its business when reviewing decisions about military medals and honours, or when conducting broader inquiries.\n\n**What the Tribunal does**\nThe Tribunal handles two types of work:\n- **Reviews**: When someone appeals a decision about a defence honour or award (for example, being refused a medal or a gallantry award).\n- **Inquiries**: Broader investigations into issues relating to defence honours and awards.\n\n**How reviews work**\n- **Applications**: Must be submitted on an approved form published on the Tribunal’s website.\n- **Defence Department response**: The Secretary of Defence (or their delegate) must provide a report within **30 working days** (for awards) or **60 working days** (for honours). This report must include the facts, evidence, and reasons for the original decision, plus copies of unclassified documents. Classified documents are listed separately and only provided to Tribunal members with security clearance.\n- **Applicant’s reply**: The applicant gets a copy of the report and can respond in writing within 20 working days.\n- **Hearings**: Generally held in public, but can be held in private or partly in private if the matter involves sensitive information, national security, or fairness to individuals. Hearings can also be skipped entirely if both the applicant and the Secretary agree.\n- **Representation**: Applicants can represent themselves or ask someone else (including a lawyer) to speak for them.\n- **Attendance**: People can attend hearings in person or via audio/video link.\n\n**How inquiries work**\n- The Tribunal can call for public written submissions (advertised nationally) and must allow at least 20 working days for responses.\n- Inquiry hearings are usually public but can be made private for the same reasons as reviews.\n\n**Decisions and transparency**\n- The Tribunal must provide its decisions to the applicant, the Secretary, and (if relevant) the Minister.\n- Decisions from public hearings must be published on the Tribunal’s website (with classified material removed). Decisions from private hearings or reviews without hearings are published only if the Chair agrees, and personal names may be removed to protect privacy.\n\n**General powers**\n- The Tribunal is not bound by strict court-like rules of evidence and can inform itself however it sees fit.\n- It can summon witnesses (serve a formal notice to attend), require witnesses to swear an oath or make a solemn promise (affirmation) to tell the truth, record proceedings, and keep or copy documents.\n- Public hearings can be live-streamed so the public can watch remotely."}},"importantCases":[],"_links":{"self":"/api/acts/defence-honours-and-awards-appeals-tribunal-procedural-rules-2021","history":"/api/acts/defence-honours-and-awards-appeals-tribunal-procedural-rules-2021/history","analysis":"/api/acts/defence-honours-and-awards-appeals-tribunal-procedural-rules-2021/analysis","conflicts":"/api/acts/defence-honours-and-awards-appeals-tribunal-procedural-rules-2021/conflicts","importantCases":"/api/acts/defence-honours-and-awards-appeals-tribunal-procedural-rules-2021/important-cases","documents":"/api/acts/defence-honours-and-awards-appeals-tribunal-procedural-rules-2021/documents"}}