DFAT Annual Report 2002-2003 : Appendix 7 Decisions by courts and administrative tribunals

Decisions by courts and administrative tribunals

During the year the department was involved in the following matters before courts and administrative tribunals.

Courts

The department responded to a discovery request in relation to legal proceedings regarding a claim for compensation under way before the ACT Supreme Court against another Australian Government agency.
The Federal Magistrates Court upheld a decision by the department not to issue a passport to the applicant.
The department settled a claim lodged by a company in a foreign court regarding a lease at an overseas post.
The Federal Court of Australia made orders in favour of the department in relation to a contractual dispute. A decision on costs handed down in July 2003 was made in favour of the department.
An applicant sought special leave to appeal to High Court of Australia in relation to a Federal Magistrates Court decision affirming a Human Rights and Equal Opportunity Commission (HREOC) decision that the department had not discriminated against the applicant in relation to his employment. A decision is pending on whether the applicant will be granted special leave to appeal.
An applicant discontinued legal proceedings in the Federal Court of Australia against the department arising out of an employment decision. Consent orders were agreed.
An applicant lodged a personal injury claim against the department in the NSW Supreme Court. A directions hearing is scheduled for the second half of 2003.
Legal proceedings against the department continued in the ACT Supreme Court in relation to a personal injury claim arising out of an incident at an overseas post. The claim is currently subject to settlement negotiations.
The department settled legal proceedings against an overseas post by a former locally engaged employee in relation to a disputed employment termination.

Tribunals

Seven decisions by the Minister for Foreign Affairs to cancel passports were appealed to the Administrative Appeals Tribunal (AAT). The AAT decided in favour of the Minister in four cases. One appeal was discontinued by the applicant. Two cases are yet to be resolved.
An applicant appealed on three occasions to the AAT in relation to the processing of a passport application. The AAT dismissed the first appeal, referred the second to the department and found that it did not have jurisdiction to hear the third.
Four decisions by the department under the Passports Act 1938 were appealed to the AAT. The AAT decided in favour of the department in each case.
The department settled two unfair dismissal claims lodged by former locally engaged employees before foreign tribunals. A foreign tribunal dismissed a separate employment claim by a locally engaged employee against an overseas post and the department is seeking to have another claim struck out. The department is defending two unfair dismissal claims lodged before overseas tribunals by former locally engaged employees.
The department is seeking to settle administrative liabilities arising out of an earlier decision by a foreign tribunal against an overseas post in relation to an employment matter.
An application before the AAT for review of a Freedom of Information (FOI) decision made by the department was withdrawn. The department is taking steps to have a separate matter before the AAT in respect of an FOI decision struck out. No action has been taken by the applicant in the matter since 2001.
A claim against the department in the Australian Industrial Relations Commission on an employment matter was withdrawn. The matter was settled.
An application was lodged with HREOC concerning a matter relating to the International Covenant on Civil and Political Rights. The parties are currently awaiting the Commissioner’s finding. A separate complaint to HREOC regarding an alleged breach of privacy was dismissed.
Two appeals have been lodged in the AAT in respect of security clearance decisions by the department. Hearing dates are yet to be set. One applicant also lodged a complaint with HREOC.
An inquiry by the Victorian Coroner into the death of an Australian citizen overseas reopened briefly. The matter was adjourned pending resolution of overseas legal proceedings.

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