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Australian Government - Department of Foreign Affairs and Trade

Advancing the interests of Australia and Australians internationally

Australian Government - Department of Foreign Affairs and Trade

Advancing the interests of Australia and Australians internationally

Appendix 6

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 continued to assist an inquiry by the Coroner's Court of Victoria into the death of an Australian overseas.

The department is defending an action brought by a consular client in relation to her incarceration overseas.

The department is pursuing costs awarded in the department's favour in relation to the department's compliance with a subpoena.

The department commenced debt recovery proceedings against a former employee.

The department is defending an action brought by an employee alleging discrimination by the department and another employee.

The department continues to be involved in two employment actions in overseas courts brought by two former locally engaged staff members.

The department continues to defend an appeal with respect to an employment action brought in a foreign court by a former locally engaged staff member.

The department is defending an employment action brought in a foreign court by a former locally engaged staff member.

The department continues to defend claims for unfair dismissal brought by former employees following redundancies at an overseas post.

The department continues to seek a settlement relating to an unfair dismissal action brought in a foreign court by a former locally engaged staff member.

The department continues to defend against an appeal brought against the department alleging breach of contract in relation to the relocation of an Australian mission overseas.

The department continued to be involved in proceedings in which a former employee at an overseas post was found guilty of embezzlement.

The department settled a case involving a contractor injured in the course of her work in the department.

The department is defending a matter in which the applicants seek compensation for breaches of rights and an order for documents.

The department continued 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 was 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 Tribunal (AAT) concerning passports matters. During the year there was one case in which the Minister's decision to cancel a passport was upheld. Four cases were withdrawn. At the end of the financial year there were threeactive applications before the AAT for review of passport decisions. Seven applications were on hold or adjourned.

The department settled a complaint by a former employee with the Fair Work Ombudsman in relation to unpaid overtime.

The Australian Human Rights Commission terminated a complaint alleging racial discrimination.

The Australian Human Rights Commission terminated a complaint alleging sex discrimination relating to the requirements for including birth and married surnames on passports.

A complaint was made against the department alleging sex discrimination due to passport forms listing only 'mother' or 'father' and not 'parent/parent' for same sex couples.

A complaint was made against the department alleging sex and marital status discrimination in relation to fee waivers.

Department of Foreign Affairs and Trade