26 February 2011

This week in Congress (28 February 2011)

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress and in Commissions:

Tuesday, 1 March 2011

Senate Armed Services Committee, to receive testimony on U.S. Special Operations Command and U.S. Central Command in review of the Defense Authorization Request for Fiscal Year 2012 and the Future Years Defense Program, 0930 hours, Room SD-106 Dirksen Senate Office Building.

House Armed Services Committee, hearing on 2012 Budget Request for the Navy, 1000 hours, Room 2118 Rayburn House Office Building.

Joint House and Senate Veterans' Affairs Committee, hearing to receive Legislative Presentation of the Disabled American Veterans, 1400 hours, Room 345 Cannon House Office Building.

Wednesday, 2 March 2011

Senate Veterans' Affairs Committee, hearing on President's Budget, 1030 hours, Room 418 Russell Senate Office Building.

Senate Homeland Security and Government Affairs Committee, hearing on Preventing Abuse of the Military's Tuition Assistance Program, 1430 hours, Room SD-342 Dirksen Senate Office Building.
To add to your V-calendar click here.

Thursday, 3 March 2011

House Veterans' Affairs Committee, hearing on Veterans' Employment and Training Service’s Budget and State Grant Program, 1000 hours, Room 334 Cannon House Office Building.

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For this week in military justice go to CAAFlog here.

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.

23 February 2011

Decision in Davis v Chief of Army released by Defence Force Discipline Appeal Tribunal

Today the Australian Defence Force Discipline Appeal Tribunal issued a decision in Davis v Chief of Army [2011] ADFDAT 1 (22 February 2010). The issues involved: consensual fight between appellant and victim – appellant charged with assault - whether victim’s consent can be relied upon as a defence – absence of consent is not an element of assault as defined by statute – consent may not be relied upon as defence to assault.

After a lengthy opinion looking to Aussie, Canadian, English and New Zealand authorities, the DFDAT dismissed the appeal and the court-martial conviction stands.

22 February 2011

Commission of Inquiry report released on HMAS Success sexual harassment allegations

Today the Australian Department of Defence released this report from the Commission of Inquiry into allegations of sexual harassment and other unacceptable behavior on board the HMAS Success.

I will read the report over the weekend and post my thought on it.

20 February 2011

This week in Parliament, Courts and Tribunals (21 February 2010)

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:

Friday, 25 February 2011

Joint House and Senate Committee on Treaties, hearing on Treaties referred on 16 November 2010, 0900 - 1230 hours, Committee Room 1R6, Parliament House. The Terms of Reference can be found here. To review the submissions received go here.

Senate Committee on Rural Affairs and Transport References, hearing on pilot training and airline safety, 0900 - 1600 hours, Committee Room 2S3, Parliament House. The Terms of Reference can be found here. To review the submissions received go here.

High Court of Australia

Tuesday, 22 February 2011

High Court's listing for today in Sydney can be found here and in Brisbane here. None of the cases involve the subject matter of this blog.

Friday, 25 February 2011

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

Federal Court of Australia (Full Court)


Wednesday, 23 February 2011


Rana v Repatriation Commission [2010] FCA 280, SAD36/2010. Appeal from the decision of a Member of the Administrative Appeals Tribunal (AAT) – whether applicant was entitled to pension under Part IV of the Veterans’ Entitlements Act 1986 (Cth) – antecedent question of whether applicant was a veteran/member – Member correct to proceed by way of having the antecedent question determined first – the question was subsequently heard by a Deputy President of the AAT – no utility in this appeal – no reviewable decision made under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth)

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.

14 February 2011

Ex-service organisation review completed with positive outcomes for Aussie veterans

Today the Australian Government released the Review of Department of Veterans’ Affairs (DVA)–Funded Ex-Service Organisation (ESO) Advocacy and Welfare Services Report. The full Review report, including all the recommendations and more information on BEST grants can be found here (the actual report) and here (graph charts with statistical analysis).

Veterans' Affairs Minister Warren Snowdon (who is also the Minister for Defence Science and Personnel) said the Government would implement all 45 recommendations from the Review which offered many positives outcomes for Australia’s ex-service community and prescribed a framework to ensure veterans, war widow/ers and their families have access to quality advocacy, welfare and support services.

“The Review recommended important changes to help standardise ESO advocacy and welfare services and improve transparency and accountability in the way funds are distributed to the ex-service organisations that support Australia’s veteran and defence communities,” he said.

The Review covered the Building Excellence in Support and Training Program (BEST), Training Information Program (TIP), and the Veteran and Community Grants (V&C) program..

ESOs will be encouraged to work closely together to ensure that appropriate advice and support is provided to veterans and defence members. Support for the Training Information Program will be strengthened by ensuring that advocates, and pension and welfare officers are provided with the standard of training and support they require to undertake their important role.

“The ongoing involvement of the ESO community throughout the consultation process has been the key to the success of the Review and I am confident that the recommendations will receive broad support,” Mr Snowdon said.

BEST Round 13 applications open today and close on 11 March 2011.

Defence's New Food Innovation Centre

The Australian Minister for Defence Science and Personnel, Warren Snowdon, today announced the establishment of a joint Research Centre in Food Innovation.

The Research Centre will draw on facilities and expertise from the University of Tasmania, CSIRO’s Division of Food and Nutritional Sciences and the Defence Science & Technology Organisation (DSTO).

“The Research Centre in Food Innovation would be able to support and enhance the research activities at DSTO Scottsdale which provides a dedicated food science and technology capability for Defence,” Mr Snowdon said in a press release.

“The new centre, together with the redevelopment of the Scottsdale facility, is expected to significantly enhance DSTO’s ability to provide the ADF with state-of-the-art support on nutrition and feeding strategies.”

“It will draw on the synergies between DSTO, CSIRO and UTAS to develop novel approaches to nutrition and food science that will benefit the performance of ADF personnel as well as the needs of the wider Australian community.”

Mr Snowdon was speaking at the opening of the International Symposium on Defence Nutrition in Scottsdale, Tasmania, where experts from Australia , USA , Norway , New Zealand and Singapore have gathered to discuss strategies for the future development of military nutrition and food science.

The gathering provides an opportunity to address nutrition issues such as the potential for high pressure processing to produce safe, long-lasting, tasty and nutritious foods for combat rations, and the use of nanotechnology for ‘smart’ packaging of ration items.

Outcomes from the symposium will inform the program of the proposed food innovation centre.

Mr Snowdon said the new centre could allow Scottsdale to grow research capabilities in food science and technology, provide access to a broader pool of experts, and foster an enriched science environment for staff.

On a broader level, the new centre could provide significant benefits for the local agricultural industry, local manufacture of ingredients, small business development in Tasmania and employment opportunities.

This week in Congress (14 February 2011)

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress and in Commissions:

Tuesday, 15 February 2011

Committee on House Administration, hearing on Military and Overseas Voting: Effectiveness of the MOVE Act in the 2010 Election, 1030 hours, 1310 Longworth House Office Building. The witness list can be found here. To view a live webcast of the hearing go here.

Senate Committee on Homeland Security and Governmental Affairs, hearing on A Ticking Time Bomb: Counterterrorism Lessons from the U.S. Government's Failure to Prevent the Fort Hood Attack, 1030 hours, SD-342 Dirksen Senate Office Building. To add this to your VCalendar go here.

Wednesday, 16 February 2011

House Armed Services Committee, hearing on 2012 Budget Request for the Department of Defense, 1000 hours, Room 2118 Rayburn House Office Building.

Thursday, 17 February 2011

House Committee on Veterans' Affairs, hearing on U.S. Department of Veterans Affairs Budget Request for Fiscal Year 2012, 0930 hours, 334 Cannon House Office Building.

Senate Armed Services Committee, hearing on the Defense Authorization Request for Fiscal Year 2012 and the Future Years Defense Program, 0930 hours, SD-G50 Dirksen Senate Office Building.

House Armed Services Committee, hearing on 2012 Budget Request for the Department of Air Force 1300 hours, Room 2118 Rayburn House Office Building.

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For this week in military justice go to CAAFlog here.

13 February 2011

This week in Parliament, Courts and Tribunals (14 February 2010)

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:

Thursday, 17 February 2011

Joint House and Senate Committee on Law Enforcement, hearing on the adequacy of aviation and maritime measures, 0900 - 1700 hours, Committee Room 2S3, Parliament House. The Terms of Reference can be found here. To review the submissions received go here.

Friday, 18 February 2011

Joint House and Senate Committee on Law Enforcement, hearing on the adequacy of aviation and maritime measures, 0900 - 1700 hours, Committee Room 2S3, Parliament House. The Terms of Reference can be found here. To review the submissions received go here.


High Court of Australia

Monday, 14 February 2011

High Court's listing for today in Sydney can be found here and here. None of the cases involve the subject matter of this blog.

Federal Court of Australia (Full Court)

There are no listings of cases this week that involve the subject matter of this blog.

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.

12 February 2011

Online registration service to support Aussie's attending ANZAC services in France

The Australian Department of Veterans' Affairs has announced that Australians travelling to Villers-Bretonneux, France, for 2011 Anzac Day commemorations can now register online to stay up-to-date with important information.

Mr Warren Snowdon, the Minister for Veterans Affairs, said registration for Villers-Bretonneux Anzac Day commemorations had been introduced in response to growing interest.

“Villers-Bretonneux is an important commemorative site with special significance for Australians. The re-taking of the village of Villers-Bretonneux on the night of 24-25 April 1918 was a significant military achievement for Australia that helped stop the German’s spring offensive.

“The site of the Dawn Service, the Australian National Memorial, honours the 295,000 Australians who fought on the Western Front during the First World War and the 46,000 who were killed there.

In 2009 about 3,000 people attended the Villers-Bretonneux commemorations, in 2010 this increased to 3,500, with 4,000 expected in 2011 – so we’re finding ways to support those Australians attending.

The online registration services provide travellers with helpful information on what to bring and what to expect over the commemorative period. The updates are communicated via text message and/or email, and may include changes to traffic arrangements, site opening times, weather conditions or in the event of an emergency.

Registration is not mandatory, nor a ticketing system for the commemorations – but a way for Australian travellers to stay informed of important updates. The services are optional and people can still attend Anzac Day commemorations in Villers-Bretonneux and Gallipoli if they have not registered.

To register for Villers-Bretonneux updates go here. To register for Gallipoli updates go here. For more information about Anzac Day commemorations in France or Gallipoli go here.

07 February 2011

This week in Congress (7 February 2011)

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress and in Commissions:

Wednesday, 9 February 2011

House Veterans Affairs Committee, hearing on Alleged Violations of the Servicemembers Civil Relief Act [Note: The time and place of the hearing is presently unavailable.]

House Armed Services Committee, Subcommittee on Military Personnel, hearing on Morale, Welfare, and Recreation Programs Overview, 1400 hours, Room 2212 Rayburn House Office Building.

Thursday, 10 February 2011

House Armed Services Committee, Subcommittee on Military Personnel, hearing on Military Resale Programs Overview, 1400 hours, Room 2212 Rayburn House Office Building.

Friday, 11 February 2011

House Armed Services Committee, Subcommittee on Emerging Threats and Capabilities, hearing on What Should the Department of Defense's Role in Cyber Be? 1130 hours, Room 2118 Rayburn House Office Building.

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For this week in military justice go to CAAFlog here.

06 February 2011

This week in Parliament, Courts and Tribunals (7 February 2010)

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:

Friday, 11 February 2011

Senate Legal and Constitutional Affairs References Committee, Australian Law Reform Commission, Committee Room 2S1, Parliament House.
The Terms of Reference can be found here. To review the submissions received go here.

Parliamentary Joint House and Senate Committee on the Australian Commission for Law Enforcement Integrity, Inquiry into the operation of Law Enforcement Integrity Commission Act 2006, 0900- 1400 hours, Committee Room 2S3, Parliament House. The Terms of Reference can be found here. To review the submission received go here.

High Court of Australia

Friday, 11 February 2011

The High Court will be hearing special leave applications via video link from Adelaide. The List of Business can be found here.

Federal Court of Australia (Full Court)

Monday, 7 February 2011

Seafood Imports Pty Ltd v. ANL Singapore Pte Ltd [2010] FCA 702, VID6921/2010 [International Law: International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading at Brussels, August 25, 1924 as amended by a Protocol to Amend the International Convention for the Unification of Certain Rules Relating to Bills of Lading signed at Brussels December 21, 1979 (“the Hague-Visby Rules”) Articles III and IV. Issues: Whether goods properly and carefully carried, kept, cared for and discharged – Exception of latent defect – Whether malfunctioning of container not discoverable by due diligence – Hague-Visby Rules Arts III rr (1) and (2) and IV rr (1) and (2)(p)]

Thursday, 10 February 2011


Gilkinson v. Repatriation Commission [2010] FCA 1292, NSD1756/2010. [Issues: Defence and War - whether Tribunal should have applied s 196B(14)(b) of Veteran’s Entitlement Act 1986 (Cth) rather than s 196B(14)(d) – meaning of “arose out of, or was attributable to” in s 196B(14)(b) – whether phrase has same meaning as in other sections of the Act – held that context of phrase in s 196B(14)(d) different from context in other sections – in s 196B(14)(d) phrase refers to dominant or effective cause but not necessarily the sole cause – consideration of s 196B(14) generally.]

Repatriation Commission v. Malady [2010] FAC 798, VID698/2010 [Issues: application for disability pension pursuant to Veterans’ Entitlements Act 1986 – whether reasonable hypothesis connecting disability with eligible war service - no causal connection between depressive disorder, alcohol abuse and drug abuse and operational service – no reasonable hypothesis connecting borderline personality disorder to operational service – Administrative Appeals Tribunal erred in relying upon borderline personality disorder to connect depressive disorder, alcohol abuse and drug abuse with operational service.]

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.