Appendix 8: Decisions by Courts and Administrative Tribunals

The Courts

• On 27 November 1997, legal proceedings were instituted against the department in the Supreme Court and Magistrates Court of the Australian Capital Territory by two Australian citizens injured while passengers in an embassy vehicle overseas. One claim has been settled and the other is being defended on the advice of the Australian Government Solicitor.

• Proceedings have been initiated against the department by way of cross-claim in relation to an information technology consultancy contract. The department is continuing to defend the claim.

• The department is appearing before the Victorian Coroner at the Coroner's request, in an inquiry being conducted into the death of an Australian citizen overseas. Further hearings have been adjourned subject to overseas criminal legal proceedings being involved.

• The department is defending a claim brought by a former employee in relation to workplace injuries.

• A personal injuries claim was made against a courier service company, which brought a third-party claim against the department. On advice from the Australian Government Solicitor, the department is defending the claim.
• The department is defending overseas legal proceedings relating to a wrongful dismissal claim made by a former locally engaged employee.

• Proceedings have been initiated in the Federal Court against the Minister for Foreign Affairs and other parties, in relation to an individual's membership of an international organisation. The department is defending the proceedings.
• Pursuant to section 57A of the Merit Protection (Australian Government Employees) Act 1984, the department has made arrangements for the Merit Protection & Review Agency to conduct a Public Service Regulation 83 investigation into grievances submitted by two locally engaged staff.
• The department is defending administrative law proceedings arising from disciplinary processes in relation to an officer.

Tribunals

• A claim has been lodged with the Human Rights and Equal Opportunity Commission in relation to employment at an overseas post. The claim was rejected by the Commission and an appeal has been lodged. The department is defending the claim.
• The department is defending one matter in relation to a passport review and another in relation to a freedom of information application before the Administrative Appeals Tribunal.
• The department successfully defended a review claim before the Administrative Appeals Tribunal and is proceeding to recover costs.

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