26 February 2011

This week in Parliament, Courts and Tribunals (28 February 2011)

The following legislative activities, which affect Australian servicemembers, veterans or concern military justice issues, relate to freedom of information or national security, are occurring this week in the Parliament of Australia:

Monday, 28 February 2011

Joint House and Senate Committee on Public Accounts and Audit, Annual Public Hearing on Defence Major Projects Report 2010, 1210 - 1330 hours, Committee Room 1R6, Parliament House. The Terms of Reference can be found here. To review the submissions received go here.


Thursday, 3 March 2011

Senate Foreign Affairs, Defence and Trade Legislation Committee, hearing on Criminal code Amendment (Cluster Munitions Prohibition) Bill 2010 [Provisions], Committee Room 2S1, Parliament House, Time TBA. The Terms of Reference can be found here. To review the submissions received go here.

Joint House and Senate Committee on Cyber-Safety, hearing on Cyber-Safety, 0830 - 1000 hours. The Terms of Reference can be found here. To review the submissions received go here.

High Court of Australia

Tuesday, 1 March 2011

High Court's listing for today's appeals before the full court in can be found here. None of the cases involve the subject matter of this blog.

Federal Court of Australia (Full Court)

Thursday, 3 March 2011

Ovens v. Civil Aviation Safety Authority [2010] FCA 1354, NSD1820/2010. Review of respondent’s refusal of Class 2 medical certificate without safety pilot requirement – at commencement of hearing only US protocol and respondent’s draft protocol available – applicant unable to come within respondent’s draft protocol – applicant presented case based on US Protocol – applicant and Tribunal only aware of respondent’s final protocol on last day of hearing – no adjournment sought – Tribunal decision applied respondent’s final protocol – whether Tribunal denied applicant procedural fairness – whether Tribunal failed to give applicant reasonable opportunity to present case – whether Tribunal failed to take relevant matters into account.

Friday, 4 March 2011


Nudd v. Minister for Home Affairs [2010] FCA 1037 [National security] application pursuant to s 5 Administrative Decisions (Judicial Review) Act 1977 (Cth) for an order of review of the decision of the Minister for Home Affairs – applicant currently serving prison sentence for conviction of being knowingly concerned in the importation into Australia of more than a commercial quantity of cocaine contrary to s 233B(1) Customs Act 1901 (Cth) – Minister refused applicant’s petition to refer case to the Court of Appeal of Queensland under s 672A(a) Criminal Code 1899 (Qld) – consideration of principles in Martens v Commonwealth [2009] FCA 207; (2009) 108 ALD 83 relating to the exercise of the referral power – whether Minister failed to consider properly the validity of the applicant’s arrest warrant – whether the Minister failed to address or consider alleged fresh evidence – whether the Minister failed to consider properly the process of extradition to which the applicant was subjected – whether the Minister failed to consider properly the compliance of the trial with Constitutional and other requirements – whether the Minister failed to review the court transcript of the applicant’s trial.

Defence Force Discipline Appeal Tribunal

The Tribunal next sits on 17 and 18 March 2011.


Veterans' Review Board


For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

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