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Appendix 8: Decisions by courts and administrative tribunals
- The final of two claims brought against the department in 1997 by two Australian citizens injured while passengers in an embassy vehicle overseas was settled. Legal proceedings had been instituted in the Supreme Court and Magistrates Court of the Australian Capital Territory. The costs are being negotiated.
- The department continues to defend a cross-claim brought against it in the Federal Court in relation to an information technology consultancy contract.
- Hearings before the Victorian Coroner in relation to an inquiry being conducted into the death of an Australian citizen overseas remained adjourned, pending resolution of overseas criminal legal proceedings.
- A claim brought by a former employee in relation to workplace injuries was dismissed by the Local Court in NSW.
- Overseas legal proceedings for wrongful dismissal were instituted against the department in 1997 by a former locally engaged employee. The court of first instance upheld most of the former employeeís claims. Both parties have lodged appeals.
- The department implemented recommendations made in a report by the Merit Protection & Review Agency in relation to grievances submitted by two locally engaged staff under the Merit Protection (Australian Government Employees) Act 1984.
- An administrative law claim brought against the department in 1996 in the Federal Court by a former employee challenging disciplinary and security processes was settled.
- An appeal to the Federal Court by a former overseas employee against a decision by the Human Rights and Equal Opportunity Commission (HREOC) was dismissed. The claim had been lodged with HREOC in 1998.
- The department continues to defend a claim concerning alleged medical negligence by a Commonwealth employee doctor at an overseas medical clinic. Proceedings were initiated against the department in 1999.
- A claim lodged in 2001 with HREOC, in relation to discrimination in an application for employment, was dismissed. The applicant has appealed to the Federal Magistrates Court and the department is defending the claim.
- Proceedings were instituted in the Magistrates Court in Brisbane in 2001 by a former locally engaged employee for breach of contract and/or negligence. The department is defending the claim.
- Two separate applications to the Administrative Appeals Tribunal (AAT) in 1999 for review of the departmentís decision not to issue a passport in names that may offend were dismissed. One applicant has appealed to the Federal Court and the department is defending the appeal.
- An application was made to the AAT in 2000 for review of the departmentís decision to issue a passport to a minor. In October 2000 the applicant filed notice of discontinuance with the AAT.
- An application was made to the AAT in 2001 for review of the departmentís decision to issue a passport to a minor. The department is defending this claim.
- An application was made to the AAT in 2001 for review of the scope of searches undertaken by the department in response to a freedom of information request. The department is defending this matter.
- An application was made to the AAT in 2001 for review of the departmentís decision not to release documents pursuant to a freedom of information request. The department is awaiting the AAT decision in relation to consent orders.