DFAT Annual Report 2004-2005 : 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 an ongoing discovery order in relation to proceedings under way before the ACT Supreme Court against another Commonwealth agency.
The Full Federal Court upheld the department's appeal that the Administrative Appeals Tribunal (AAT) had erred in law in ordering the release under the Freedom of Information Act (FOI Act) of certain documents. The matter was remitted to the AAT but the applicant withdrew his application.
The department successfully appealed a preliminary decision made by the NSW Supreme Court relating to jurisdictional issues in a personal injuries claim against the department.
The department is continuing to seek to have set aside a subpoena served on the Minister of Foreign Affairs (along with other Commonwealth ministers) in a family law matter.
Legal proceedings against the department are continuing in the ACT Supreme Court in another personal injuries claim arising out of an incident at an overseas post.
The Federal Court dismissed an appeal by an applicant against the Court's decision to strike out a claim against the department. An application for special leave to appeal to the High Court has been lodged by the applicant.
The department responded to a subpoena in relation to proceedings under way in the Federal Court against another agency. The department's public interest immunity claims in respect of documents over which an FOI application had also been made were not challenged.
The department responded to a subpoena in relation to oral and documentary evidence required for committal proceedings under way in the Victorian Magistrates Court.
One decision by the Minister for Foreign Affairs to cancel a passport was appealed to the Federal Court. The applicant withdrew the appeal before any hearing was held.
A former locally engaged employee has re-lodged an unfair dismissal claim that a court in Athens had found to be out-of-time.
The department successfully had a subpoena struck out in the Western Australian District Court arising from prosecutions under the Fisheries Management Act 1991.
Two claimants have made applications to foreign courts for damages arising from motor vehicle incidents. One claim has been withdrawn.
Two claimants have commenced proceedings in the ACT Supreme Court challenging the issue of ministerial certificates relating to Falun Gong protest activity outside the Chinese Embassy.

Tribunals

The Administrative Appeals Tribunal (AAT) upheld in full exemptions claimed by the department in respect of two separate applications under the FOI Act for release of certain documents. In one of those cases, the AAT also upheld in full the conclusive certificate issued by the Minister for Foreign Affairs under section 33 of the FOI Act. A third AAT decision ordering the release of documents under the FOI Act was overturned on appeal to the Full Federal Court (see above).
The department successfully argued that the AAT lacked jurisdiction to summons a departmental officer in relation to Timor Sea Treaty negotiations.
Six decisions by the Minister for Foreign Affairs to cancel passports were appealed to the AAT. One application was withdrawn. These and several other appeals to the AAT from the previous year have not been finalised.
Five decisions by the department concerning the issuing of passports to minors were appealed to the AAT. Two of these appeals were subsequently withdrawn by the applicants. The AAT dismissed another appeal.
A former locally engaged employee has appealed a decision made by a tribunal in Manila dismissing an unfair dismissal claim by that former locally engaged employee.
A tribunal in Paris found a claim for additional benefits by a former locally engaged employee to be procedurally flawed.
An employee of an embassy contractor has initiated proceedings before a Philippines tribunal claiming unfair dismissal.
The department is continuing to seek to settle administrative liabilities arising out an earlier decision by a foreign tribunal against an overseas post in relation to an employment matter.
A security clearance decision by the department has been appealed to the Merit Protection Review Commission.

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