DFAT Annual Report 2008-2009 : Appendix 7 Matters before courts and administrative tribunals

Matters before courts and administrative tribunals

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

Courts

The department is assisting an inquiry by the Coroner’s Court of Victoria into the death of an Australian overseas.
We are pursuing costs awarded in the department’s favour in two matters and have recovered costs in relation to a further matter.
The department is involved in a Federal Court action brought against the Commonwealth alleging that the Commonwealth was complicit in the maltreatment of an Australian overseas.
Departmental officers have provided evidence in two separate criminal trials in the Supreme Court of Victoria.
The department is involved in a claim for costs relating to a decision made in respect of an employee’s claim for unfair dismissal.
The department is defending an action challenging the cancellation of a visa.
The department was involved in a Federal Court appeal of an Administrative Appeals Tribunals (AAT) decision relating to a passport, which was upheld. An Application for Special Leave to Appeal has been lodged with the High Court of Australia.
The department instigated proceedings relating to a determination of the value of rent for office space at departmental premises.
The department is defending a claim for damages initiated by an Australian citizen living overseas.
We are involved in a Federal Court action brought against the Commonwealth alleging that the Commonwealth refused to take action for a number of crimes allegedly committed by Australians overseas.
The department has been involved in three actions brought by Falun Gong practitioners against Chinese officials.
The department is involved in two employment actions in overseas courts brought by two former locally engaged staff members.
We are opposing appeals with respect to employment actions brought in a foreign court by two former locally engaged staff members, and settled one such employment action in another foreign court.
The department is opposing an appeal in a medical compensation claim brought by a former locally engaged staff member at an overseas post.
The department successfully defended an application in an overseas court by an unsuccessful visa applicant, with costs awarded against the applicant. The department, through our overseas post, is assisting DIAC in recovery of those costs.
A claim for unlawful dismissal in the Australian Industrial Relations Commission was discontinued after the applicant withdrew his action.
We are involved in a claim for reinstatement by a former household staff member of a departmental officer at an overseas post.
The department is involved (as a non-party) in an appeal brought by a former employee at an overseas post against the decision of the local Labour Inspector. The outcome, favourable for the department, has been appealed by the former employee.
The department is defending claims for unfair dismissal brought by former employees following redundancies at an overseas post.
A claim for reinstatement made by a former employee at an overseas post following termination of employment was settled (without reinstatement) following a hearing in the local Labour Court.
The department is opposing an appeal by a claimant against the decision of a foreign court rejecting a claim against the department for alleged loss of a passport.
The department is awaiting a decision in a breach of contract case brought against an overseas post.
The department is defending a claim involving the sale of a motor vehicle at an overseas post.
We are involved in proceedings for fraud against a former employee at an overseas post.
The department is defending an action in an overseas court regarding a car accident involving an Australian Embassy vehicle.
The department has been involved in a series of actions brought in another country for damages relating to alleged child abduction in Australia. The actions have been dismissed by the overseas courts but the applicant continues to seek a review of his appeal.
We are defending two personal injuries claims arising out of incidents at two overseas posts, and have settled another such claim at another overseas post.
We continue to comply with discovery, subpoena and other document production obligations in a range of matters, including matters brought against the Commonwealth and other Australian Government agencies.
The department is regularly involved in the service of documents through the diplomatic channel relating to private litigation brought overseas and in Australia, and from time to time in the service of documents on foreign governments under the Foreign States Immunities Act 1985.

Tribunals

The department continued to be involved in applications before the Administrative Appeals Tribunals (AAT) concerning passports matters. During the year three applications for review were dismissed and two were withdrawn. At the end of the financial year there were four active applications before the AAT for review of passport decisions. Nine applications were on hold or adjourned.
A decision of the AAT upholding the Minister’s decision to issue a child’s passport was appealed to the Federal Court. The Court dismissed the appeal.
A decision of the AAT which upheld the Minister’s decision to cancel a passport was appealed to the Federal Court. The Court decided in favour of the Minister.
A person sought review in the Federal Court of an AAT decision affirming the Minister’s decision to refuse to issue a passport. The matter was settled.
A small claim in the ACT Civil and Administrative Tribunal against the department as Second Respondent was dismissed by consent.
The department was involved in an AAT review (subsequently withdrawn) of a National Archives of Australia decision not to release certain documents, including some Departmental cables.
The department was involved in an AAT review of a departmental decision to refuse access to documents under the Freedom of Information Act 1982.
The department is involved in an AAT review of a departmental decision to release documents under the Freedom of Information Act 1982.
The department is the respondent in a number of applications to the AAT in relation to decisions made under the Freedom of Information Act 1982.
A complaint was made against the department to the Anti-Discrimination Board of New South Wales for discrimination in relation to the handling of the claimant’s application for an Australian passport. The complaint was settled.
A claim was made against the department to the Australian Human Rights Commission for discrimination and breach of the applicant’s human rights in relation to the handling of the claimant’s application for an Australian passport. The complaint is still in the conciliation phase.
A complaint was made against the department to the then Human Rights and Equal Opportunity Commission. The complaint alleged that a passports-related policy was a breach of the International Covenant on Civil and Political Rights.

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