D 87


29 November 1996

FEDERAL COURT DECISION RELATING TO MR ALASTAIR GAISFORD



The Department of Foreign Affairs and Trade notes that in the Federal Court's decision today:

The court found that there was sufficient material to justify a suspension of Mr Gaisford's security clearance.

The court specifically found that the decision to suspend Mr Gaisford's security clearance was not unreasonable.

The court also found that the Department had not unreasonably. delayed in taking action.

The court confirmed that the Department had the power to take the decisions it took.

The court held however that any suspension imposed could and ought to have been for an interim period only, to allow Mr Gaisford an opportunity to obtain legal advice.

The Department notes that none of its decisions has been overturned by the court.

Furthermore, Mr Gaisford did not persist with his allegation that the Department's decisions had been made in bad faith. Mr Gaisford has agreed to pay the Department' s costs related to that allegation.