Defence Honours and Awards Appeals Tribunal Procedural Rules 2011
7Report by Secretary
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7 Report by Secretary
(1) The Tribunal may give an application to the Secretary. (2) The Secretary may give the application for comment to: (a) a person in the Department; and (b) a person in the Defence Force. (3) If the Secretary is given an application under subrule (1), the Secretary must give the Tribunal a report on the reviewable decision to which the application relates within: (a) if the application relates to a defence award, 30 working days after the day the Secretary receives the application; (b) if the application relates to a defence honour, 60 working days after the day the Secretary receives the application. (4) The report must include the following: (a) the findings on material questions of fact and the reasons for the decision; (b) a reference to the evidence on which the findings were based; (c) if the evidence mentioned in paragraph (b) is in an unclassified document—a copy of the evidence; (d) each other unclassified document under the Department’s control or in the Department’s possession that is relevant to the reviewable decision. (5) The Secretary must: (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 (b) give the list to a Tribunal member who holds a security clearance for accessing the documents within 30 working days after the day the Secretary receives the application; and (c) if a Tribunal member who holds a security clearance for accessing a document on the list requests access to the document—give that Tribunal member a specified number of copies of the document within 10 working days after the day the Secretary receives the request. (6) The Tribunal may approve, in writing, a written request from the Secretary for more time to prepare the report or the list. (7) The approval must state the additional time approved by the Tribunal.