110UEstablishment of Tribunal

110U  Establishment of Tribunal

 (1) The Defence Honours and Awards Appeals Tribunal is established by this section.

 (2) The Tribunal has the privileges and immunities of the Crown.

110UA  Functions of Tribunal

  The functions of the Tribunal are:

 (a) to review reviewable decisions in accordance with Division 3; and

 (b) to inquire into matters concerning honours or awards for eligible service in accordance with Division 4.

110UB  Tribunal and Tribunal members not subject to direction

  Except as provided by this Part (including the procedural rules) or another law of the Commonwealth, neither the Tribunal, nor any Tribunal member, is subject to direction from anyone in relation to the performance or exercise of the Tribunal’s or member’s functions or powers.

Division 3—Review of decisions by the Tribunal

110V  What decisions are reviewable?

 (1) A reviewable decision is a decision (whether made before or after the commencement of this Part) in relation to which the following conditions are satisfied:

 (a) the decision is or was a refusal to recommend a person or group of persons for any of the following in relation to eligible service:

 (i) a defence honour;

 (ii) a defence award;

 (iii) a foreign award;

 (b) the decision is or was made:

 (i) by or on behalf of the Minister, or a former Minister (a former Defence Minister) whose ministerial responsibilities included defence or matters related to defence; or

 (ii) by a person within the Department, or a former Department of State of the Commonwealth that was administered by a former Defence Minister; or

 (iii) by a person within the Defence Force, or an arm of the Defence Force;

 (c) the decision is or was made in response to an application.

 (2) However, a decision is not a reviewable decision if the decision:

 (a) was made before 3 September 1939; or

 (b) relates to service rendered before 3 September 1939.

110VA  Who can apply for review?

  An application for review of a reviewable decision can only be made by the person, or one or more of the persons, who made the application referred to in paragraph 110V(1)(c).

110VB  Review of decisions by the Tribunal

Decisions relating to defence honours

 (1) If an application is properly made to the Tribunal for review of a reviewable decision relating to a defence honour, the Tribunal:

 (a) must review the decision; and