McAuley v Defence Honours and Awards Appeals Tribunal [2016] FCA 719

FEDERAL COURT OF AUSTRALIA

McAuley v Defence Honours and Awards Appeals Tribunal [2016] FCA 719 File number: VID 788 of 2015

Judge: TRACEY J

Date of judgment: 18 July 2016

Catchwords: ADMINISTRATIVE LAW – application for judicial review of a decision of the Defence Honours and Awards Appeals Tribunal affirming a decision that the applicant was not eligible for the Reserve Force Decoration Award – whether the Tribunal failed to afford the applicant procedural fairness – whether the decision not to compel a witness gave rise to practical injustice or was unreasonable – whether improper exercise of power in finding of reportable allegation of unacceptable behaviour

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 33 Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5 Defence Act 1903 (Cth), ss 110T, 110U, 110UA, 110V(1)(a)(ii), 110VA, 110VB(2), 110X, 110XA, 110XC, 110XC(2), 110XE, 110XE(1), 110XE(2), 110XH, 110XH(1), 110XH(2)(g), 110XH(2)(h), Pt VIIIC Defence Force Regulations 1952 (Cth), regs 93A, 93C, Sch 3 Defence Honours and Awards Appeals Tribunal Procedural Rules 2011 (Cth), rr 6(1), 7(3), 7(4), 8(1), 9, 13(1), 22, 22(1), 22(2), 22(3)

Cases cited: Applicants M1015/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1309 – cited Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 – cited Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 – cited Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 – cited Minister for Immigration, Local Government and Ethnic Affairs v Mok (1994) 55 FCR 375 – cited Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 – cited VHAP of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 80 ALD 559 – cited Weinstein v Medical Practitioners Board of Victoria (2008) 21 VR 29 – cited