Inquiry Into Unresolved Recognition for Past Acts of Naval and Military
CHAPTER ONE INTRODUCTION 1-1 The Defence Honours and Awards Appeals Tribunal (the Tribunal) is established under the provisions in Schedule 1 of the Defence Legislation Amendment Act 2010 [No. 1] (Cwlth), which came into effect on 5 January 2011. Before that date, many of the functions of the Tribunal were undertaken by the Defence Honours and Awards Tribunal (the old tribunal), which operated administratively from July 2008. The Defence Legislation Amendment Act contains the provisions for the establishment of the new Defence Honours and Awards Appeals Tribunal (the new Tribunal, or the Tribunal), as well as specifying its membership, powers and functions. The Tribunal’s functions are set out in s. 110UA of the Defence Act 1903 (Cwlth). The Minister may direct the Tribunal to hold an inquiry into a specified matter concerning Defence honours or awards. The Tribunal must then hold an inquiry and report, with recommendations, to the Minister. 1-2 On 21 February 2011 the Parliamentary Secretary for Defence, Senator The Hon. David Feeney, referred the matter of Unresolved Recognition for Past Acts of Naval and Military Gallantry and Valour to the Tribunal. The Terms of Reference for the Inquiry into Unresolved Recognition for Past Acts of Naval and Military Gallantry and Valour (the Inquiry), as agreed on 29 April 2012, are set out in full at the commencement of the Report of the Inquiry into Unresolved Recognition for Past Acts of Naval and Military Gallantry and Valour (the Report). 1-3 The Tribunal comprised the following members: • Emeritus Professor Dennis Pearce, AO (Chairman until 20 June 2011) • Mr Alan Rose, AO (Chairman from 26 September 2011) • Professor David Horner, AM (also Presiding Member from 20 June to 25 September 2011) • Vice Admiral Don Chalmers, AO (Retd) • Brigadier Gary Bornholt, AM, CSC (Retd) • Air Commodore Mark Lax, OAM, CSM (Retd).
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