ADMINISTRATIVE APPEALS TRIBUNAL ANNUAL REPORT 2009–10

APPENDIX 1: MEMBERS OF THE TRIBUNAL

Tribunal members, 30 June 2010 President The Honourable Justice GK Downes AM

New South Wales

Presidential members Federal Court The Honourable Justice ACB Bennett AO The Honourable Justice RF Edmonds The Honourable Justice RJ Buchanan Deputy Presidents Mr J Block The Honourable BJM Tamberlin QC Mr RP Handley

Non-presidential members Senior Members Mr MD Allen (G,V,T,S) Ms G Ettinger (G,V,T,S) Ms NP Bell (G,V,S) Ms N Isenberg (G,V,S) Mr PW Taylor SC (G,V,T) Ms JF Toohey (G,V) Ms AK Britton (G,V) Mr SE Frost (G,V,T) Mr D Letcher QC (G,V,T) Ms JL Redfern (G,V,T) Members Dr IS Alexander (G,V) Air Vice Marshal Dr TK Austin (G,V) Dr JD Campbell (G,V) Mr DM Connolly AM (G,V,S) Dr H Haikal-Mukhtar (G,V) Dr TJ Hawcroft (G,V) Mr TC Jenkins (G,V,T) Professor GAR Johnston AM (G,V) Mr IW Laughlin (G,T) Dr TM Schafer (G,V) Professor TM Sourdin (G,V) Dr MEC Thorpe (G,V) Dr SH Toh (G,V) Notes Presidential members and Senior Members are listed by date of appointment, Members are listed alphabetically. Presidential members may exercise the powers of the Tribunal in all of the Tribunal’s divisions. Senior Members and Members may exercise the powers of the Tribunal only in the divisions to which they have been assigned. The divisions to which Senior Members and Members have been assigned are indicated as follows: G General Administrative Division V Veterans’ Appeals Division T Taxation Appeals Division S Security Appeals Division

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Victoria

Presidential members Federal Court The Honourable Justice PRA Gray Family Court The Honourable Justice N Mushin Deputy Presidents Ms SA Forgie Mr GL McDonald

Non-presidential members Senior Members Mr JR Handley (G,V,T) Mr GD Friedman (G,V,S) Mr FD O’Loughlin (G,V,T) Mr E Fice (G,V,T) Members Dr R Blakley (G) Dr KJ Breen AM (G,V) Brigadier C Ermert (Rtd) (G,V) Dr GL Hughes (G,V,T) Dr RJ McRae (G,V) Ms RL Perton OAM (G,V,S) Miss EA Shanahan (G,V)

Queensland

Presidential members Federal Court The Honourable Justice JEJ Spender The Honourable Justice AP Greenwood Family Court The Honourable Justice JPO Barry Deputy President Mr PE Hack SC The Honourable Dr B McPherson CBE

Non-presidential members Senior Members Mr BJ McCabe (G,V,T) Associate Professor PM McDermott RFD (G,V,T) Ms MJ Carstairs (G,V,T) Dr KStC Levy RFD (G,V,T) Mr SA Karas AO (G,V,S) Mr RG Kenny (G,V,T) Members Dr ML Denovan (G,V) Dr GJ Maynard, Brigadier (Rtd) (G,V) Associate Professor JB Morley RFD (G,V) Dr PL Wulf (G)

97 ADMINISTRATIVE APPEALS TRIBUNAL ANNUAL REPORT 2009–10

South Australia

Presidential members Federal Court The Honourable Justice BT Lander Family Court The Honourable Justice CE Dawe Deputy President Mr DG Jarvis

Non-presidential members Senior Members Mr RW Dunne (G,V,T) Ms K Bean (G,V,T) Members Mr S Ellis AM (G,V,S) Dr ET Eriksen (G,V) Professor PL Reilly AO (G,V)

Western Australia

Presidential members Federal Court The Honourable Justice AN Siopis Deputy President Mr SD Hotop The Honourable RD Nicholson AO

Non-presidential members Senior Members Mr S Penglis (G,V,T) Mr A Sweidan (G,V,T) Ms CR Walsh (G,V,T) Members Dr JL Chaney (G,V) Mr WG Evans (G,V) Dr ARL Frazer (G,V) Ms KL Hogan (G,V,T) Brigadier AG Warner AM LVO (Rtd) (G,V,S)

Tasmania

Presidential members Family Court The Honourable Justice RJC Benjamin Deputy Presidents The Honourable CR Wright QC The Honourable RJ Groom AO

Non-presidential members Senior Member Ms AF Cunningham (G,V,T) Member Dr RJ Walters (G,V)

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Australian Capital Territory

Presidential members Family Court The Honourable Justice MM Finn

Non-presidential members Senior Member Professor RM Creyke (G,V) Members Air Vice Marshal F Cox AO (Rtd) (G,V) Mr MG Hyman (G) Dr MD Miller AO (G,V) Mr S Webb (G,V,T) Dr P Wilkins (G,V)

Appointments and cessations in 2009–10

Changes to appointments in 2009-10 Mr E Fice (from full-time Member to full-time Senior Member) Mr SE Frost (from part-time Member to part-time Senior Member) Mr RG Kenny (from part-time Member to part-time Senior Member)

New appointments during the year Cessations during year Deputy President RP Handley Deputy President GDdeQ Walker Senior Member K Bean Deputy President Christopher Wright QC Senior Member AK Britton Senior Member JW Constance Senior Member RM Creyke Senior Member L Hastwell Senior Member D Letcher QC Senior Member R Hunt Senior Member FD O’Loughlin Senior Member J Kelly Senior Member JL Redfern Senior Member BH Pascoe Senior Member JF Toohey Member SC Fisher Senior Member CR Walsh Member JG Short Member Air Vice Marshal Dr T Austin Member Dr PA Staer Member Dr R Blakley Member LR Tovey Member Dr JL Chaney Member Dr HAD Weerasooriya Member Dr ARL Frazer Member Dr H Haikal-Mukhtar Member KL Hogan Member MG Hyman Member IW Laughlin Member Dr PL Wulf

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MEMBER PROFILES1 He has been a member of the NSW Health Care Complaints Peer Review Panel since The Honourable Justice Garry Downes AM 1997 and was a member of the Professional BA LLB FCIArb Services Review Panel from 2001 to 2010. President Dr Alexander was a member of the First appointed 2 April 2002; Organising Committee for the 2010 AAT current appointment until 15 May 2012 National Conference.

Justice Downes was appointed a Judge Mason Allen RFD of the Federal Court and President of the Barrister-at-Law Administrative Appeals Tribunal in 2002. He is the immediate past President of the Full-time Senior Member, NSW Association Internationale des Hautes First appointed 31 March 1988; Juridictions Administratives (International current appointment until 31 May 2011 Association of Supreme Administrative After admission in 1968, Mason Allen served Jurisdictions). with the Australian Army Legal Corps in He was called to the Australian Bar in 1970 South Vietnam and Papua New Guinea. He and appointed Queen’s Counsel in 1983. He was a solicitor, Common Law, with Brisbane was also a member of the English Bar. His City Council from 1970 to 1973 when he practice was concentrated on commercial law, was appointed Crown Counsel in the office administrative law and international arbitration. of the Tasmanian Solicitor-General. He was appointed Senior Crown Counsel in 1978. Justice Downes is the past Chair of the In 1980, he returned to private practice at Council of Australasian Tribunals and was a the Queensland Bar with a commission to member of the Council of the Australasian prosecute in both the Supreme and District Institute of Judicial Administration. He was Courts. He was appointed as a Senior Chairman of the Federal Litigation Section of Member of the Veterans’ Review Board in 1985 the Law Council of Australia and Chairman of and as a Senior Member with tenure of the its Administrative Law Committee. Tribunal in 1988. He has served international and national Air Vice Marshal Dr Tony Austin organisations in various capacities, including as President of the Union Internationale des Part-time Member, NSW Avocats (International Association of Lawyers), First appointed 26 October 2009; Founder and Patron of the Anglo-Australasian current appointment until 25 October 2014 Lawyers’ Society, Chairman of the Chartered Tony Austin transferred to the Royal Australian Institute of Arbitrators Australia, Member of Air Force Specialist Reserve in 2008, having the International Court of Arbitration of the served with the RAAF since 1980. He is International Chamber of Commerce, Member Chairman and Director of the Remote Area of the Council of the NSW Bar Association and Health Corps Ltd, an Examiner with the Royal Chairman of the NSW Council of Law Reporting. Australasian College of Medical Administrators Dr Ion Alexander and an Adjunct Associate Professor, Faculty MBBS (Hons) LLB FRACP FCICM of Health Sciences at the University of Queensland. Air Vice Marshal Dr Austin was Part-time Member, NSW head of Defence Health Services from 2005 First appointed 2 August 2004; until 2008. current appointment until 25 October 2014 Katherine Bean Ion Alexander is a Senior Staff Specialist at BA LLB MA Grad Dip Leg Prac Sydney Children’s Hospital at Randwick and was a Clinical Director from 2001 to 2008. Part time Senior Member, SA First appointed 7 December 2009; current appointment until 6 December 2014 1 P rofiles of judicial members, other than the President, are not included.

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Katherine Bean was admitted as a solicitor Dr Roslyn Blakley of the Supreme Court of New South Wales in Part-time Member, Vic 1990. She joined the office of the Australian Government Solicitor in Sydney the same year, First appointed 1 June 2010; current appointment until 31 May 2015 and remained with the AGS, first in Sydney and later in Adelaide, until 2009 when she Roslyn Blakley has been a senior medical was appointed to the Tribunal. Immediately advisor with the Department of Defence, Area prior to her appointment she held the Health Services, Victoria since February 2008. position of General Counsel with the AGS in Her experience in the Australian Regular Army Adelaide. Senior Member Bean has extensive includes acting as Director of Army Health at administrative law experience and at the Australian Army Headquarters (2005–08) and time of her appointment had practised in the Deputy Director of the Joint Health Support Tribunal since 1996, including in the workers’ Agency (2002–04) in Canberra. She was also compensation, social security, immigration director of clinical services (2000–01) in the and veterans’ jurisdictions. 2nd Health Support Battalion and, before that, officer commanding clinical company Narelle Bell (1996–98), regimental medical officer BA LLB (1994–96) and resident medical officer and Full-time Senior Member, NSW intern (1992–93) in various military and civilian First appointed 1 July 2001; hospitals in Brisbane. Dr Blakley was awarded current appointment until 30 June 2014 the Conspicuous Service Cross in the Queen’s Birthday Honours List in 2004 for outstanding Narelle Bell was appointed to the Tribunal achievements in the Australian Defence Force as a full-time Member in 2001 and full-time in the area of health administration. She has a Senior Member from 1 July 2004. She is a Bachelor of Medicine and Bachelor of Surgery former legal member of the Social Security from the University of Queensland and Master Appeals Tribunal (1994–2001), Judicial of Health Administration from the University of Member/Mediator with the New South Wales New South Wales. Administrative Decisions Tribunal (1994–2001), Consultant Reviewer with the Office of the Julian Block Legal Services Commissioner (1995–2001), HDIPLaw HDIPTax LLM MTax member of the Professional Standards Council Part-time Deputy President, NSW of New South Wales and Western Australia, and legal policy consultant. She worked as a First appointed 9 August 1995; current appointment until 30 September 2010 corporate counsel and legal adviser (part-time) for the New South Wales State Rail Authority Julian Block was originally admitted as a in 1994–95. From 1988 until 1994, she worked solicitor in South Africa and thereafter in the as a policy officer and assistant director in United Kingdom. He emigrated to Australia the Legislation and Policy Division of the New in March 1978 and joined Freehills in 1978, South Wales Attorney-General’s Department. becoming a partner in 1980. He was appointed Prior to this, she worked as a solicitor at the as a Senior Member of the Tribunal in 1995, Anti-Discrimination Board (1986–88), the full-time Deputy President in 2000 and a part- Redfern Legal Centre (1983–86) and for a time Deputy President in 2001. He is a part- private law firm (1982–83). time Judicial Member of the New South Wales Administrative Decisions Tribunal. He is a part- Senior Member Bell was the Tribunal’s time consultant to Morgan Lewis, Solicitors, Mentoring Coordinator and a member of and to Investec Bank. He is a member of the the Tribunal’s Professional Development Executive of the Sydney International Piano Committee during 2009–10. She was also a Competition and the Wagner Society, and a member of the Executive Committee of the patron of Opera Australia. New South Wales Chapter of the Council of Australasian Tribunals for part of the year.

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Dr Kerry Breen AM 2001) and Mercy Family Life Centre (until 2003) MBBS MD FRACP and as Chairman of MA International Ltd, a Part-time Member, Vic health management consultancy company. First appointed 1 July 2006; Dr Campbell was a member of the Tribunal’s current appointment until 31 May 2011 Remuneration Committee in 2009–10.

Kerry Breen is a consultant physician in Margaret Carstairs gastroenterology. He has served as President BA (Hons) LLB of the Australian Medical Council and Full-time Senior Member, Qld President of the Medical Practitioners Board of Victoria. From 2000 to 2006, he chaired First appointed 1 July 2001; the Australian Health Ethics Committee of the current appointment until 30 November 2011 National Health and Medical Research Council. Margaret Carstairs was appointed as a full- Dr Breen currently holds the appointment of time Member of the Tribunal in 2001 and as a Commissioner of Complaints for the National full-time Senior Member in November 2006. Health and Medical Research Council. Prior to her appointment to the Tribunal, she was the Executive Director of the Social Anne Britton Security Appeals Tribunal (2000–01) and was a Full-time Senior Member, NSW Senior Member of the Social Security Appeals First appointed 26 October 2009; Tribunal in Brisbane for four years from 1996. current appointment until 25 October 2014 She has extensive experience in administrative law within Australian Government departments Anne Britton is a former Deputy President and was Coordinator of the Welfare Rights of the NSW Administrative Decisions Centre in Brisbane from 1994 to 1995. Senior Tribunal (2006–09) and Judicial Member Member Carstairs has lectured in public of the ADT (1999–06). She has also served administration at the University of New England as an arbitrator with the NSW Workers’ and has published in this area. Compensation Commission, a Chair of the NSW Government and Related Employees Dr Jan Chaney Appeal Tribunal and a member of the Part-time Member, WA Consumer Trader and Tenancy Tribunal. Ms Britton has lectured in media and First appointed 26 October 2009; entertainment law, most recently in the Masters current appointment until 25 October 2014 program at the University of New South Jan Chaney has been in general medical Wales. Ms Britton was a board member of the practice in Perth since 1980 and was a part- NSW Legal Aid Commission (to 2007) and is time Member of the Social Security Appeals currently a member of the board of Sydney’s Tribunal from 1989 to 1999. Prior to 1980, Dr Belvoir Street Theatre. Chaney was a resident medical officer in the Senior Member Britton was a member of Sir Charles Gairdner Hospital and the King the Tribunal’s Professional Development Edward Memorial Hospital in WA. Committee in 2009–10. David Connolly AM Dr John Campbell BA (Syd) DipBS (Ceylon) FCPA (HM) MBBS DTM&H MHA LLB LLM FRACMA FAICD FAIM Part-time Member, NSW Part-time Member, NSW First appointed 24 August 2006; current appointment until 31 May 2011 First appointed 19 June 1991; current appointment until 31 May 2011 David Connolly served as a career diplomat in John Campbell served in the Australian Army Colombo, the United Nations New York and between 1962 and 1980 and as a senior Tel Aviv before his election to the House of executive in NSW Health between 1980 and Representatives as the member for Bradfield 1998. In subsequent years, Dr Campbell has from 1974 to 1996. He was a consultant with been involved as a director with NRMA (until Phillips Fox Lawyers and a Commonwealth

102 APPENDIX 1: MEMBERS OF THE TRIBUNAL adviser to the South African Parliament until of the Royal College of Defence Studies 1998 when he was appointed Australia’s (London) and the USAF Air War College. High Commissioner to South Africa, Namibia, After service with the RAAF, he worked as a Botswana, Lesotho and Swaziland. On his consultant in human resource management. return to Australia in 2003, Mr Connolly was He was appointed to the Defence Force appointed a Trustee/Director of the CSS/PSS Remuneration Tribunal in 1999 and held the (now ARIA) superannuation schemes and position of ex-service member for six years. chairman of Rice Warner Actuaries. He was also a director of the Braidwood Rural Lands Professor Robin Creyke Protection Board until 2009 and a part-time Full-time Senior Member, ACT member of the Migration Review Tribunal and First appointed 14 September 2009; Refugee Review Tribunal. current appointment until 31 August 2014 Mr Connolly was a member of the Tribunal’s Robin Creyke holds a Master of Laws Remuneration Committee in 2009–10. from the Australian National University, a Bachelor of Laws from the University of James Constance Western Australia and a Graduate Diploma in BA LLB (Hons) small group learning and teaching from the Full-time Senior Member, ACT University of Western Sydney. She has been First appointed 16 August 2004; a Professor of Law at the Australian National appointment ceased 11 September 2009 University since 2002 and the Alumni Chair of Administrative Law since 2003. She has also James Constance practised as a barrister and held the position of Integrity Adviser to the solicitor in the Australian Capital Territory and Australian Taxation Office, Commissioner of New South Wales from 1970 as an employed the Australian Capital Territory’s Independent solicitor, sole practitioner and, for more than Competition and Review Commission, and 22 years, as a partner in legal firms. Senior was formerly a member of the Social Security Member Constance graduated from the Appeals Tribunal and the Nursing Homes and Australian National University with a Bachelor Hostels Review Panel for the ACT. Professor of Arts degree, a Bachelor of Laws with First Creyke is also a member of the Administrative Class Honours and the University Prize in Law Review Council. in 1968. His legal experience encompasses administrative law, taxation law, employment Professor Creyke has been the Executive law, family law, personal injury compensation, Deputy President for the Australian Capital discrimination, wills and estates, mortgages Territory since her appointment to the Tribunal. and property, veterans’ affairs, defamation, She was a member of the Tribunal’s Executive contracts, statutory interpretation, criminal law Deputy Presidents Committee and the Practice and coronial inquests. and Procedure Committee in 2009–10.

Senior Member Constance was the Ann Cunningham Executive Deputy President for the LLB (Hons) FAICD Australian Capital Territory. Part-time Senior Member, Tas Air Vice Marshal Franklin (Frank) D Cox First appointed 5 September 1995; AO (Rtd) current appointment until 31 May 2011 Part-time Member, ACT Ann Cunningham was appointed as a part- First appointed 24 August 2006; time Member of the Tribunal in 1995 and current appointment until 30 November 2010 became a Senior Member on 1 July 2006. She is a Presiding Member of the Resource Frank Cox trained with the Royal Australian Management and Planning Appeal Tribunal Air Force as a pilot and held numerous flying and Chairperson of the Board of the Public and staff appointments during his military Trustee. Senior Member Cunningham is an career. The last senior appointment he held accredited mediator and arbitrator and has was Assistant Chief of the Defence Force – worked as a mediator for the Supreme Court Personnel. Air Vice Marshal Cox is a graduate

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of Tasmania and the Magistrates Court. She Senior Member Dunne is a former lecturer worked as a barrister and solicitor in private and tutor in income tax law as part of the practice for a number of years. Between 1984 commerce degree. He is also a past lecturer and 1999, she was a Deputy Registrar of the and examiner in taxation administration as part Family Court of Australia. Other positions held of the Master of Legal Studies degree with the by Ms Cunningham include Deputy President law school at the University of Adelaide. of the Mental Health Tribunal and Complaints Senior Member Dunne was a member of Commissioner with the University of Tasmania. the Tribunal’s Alternative Dispute Resolution She is a fellow of the Australian Institute of Committee and the Remuneration Committee Company Directors (AICD) and a member of in 2009–10. the AICD Director Advisory Panel. Senior Member Cunningham was a member Stuart Ellis AM of the Tribunal’s Alternative Dispute Resolution BA Grad Dip Mgt Stud Grad Dip Strtgc Stud Committee in 2009–10. Part-time Member, SA

Dr Marella Denovan First appointed 21 September 2006; current appointment until 31 May 2011 BSc MBBS FRACGP JD Part-time Member, Qld Stuart Ellis served with the Australian Army from 1975 to 1996. He was involved in a First appointed 15 December 2005; number of overseas deployments including current appointment until 30 November 2010 to Somalia in 1994. He was subsequently Marella Denovan was a part-time medical appointed Chief Executive Officer of the adviser with the Department of Veterans’ Country Fire Service in South Australia Affairs between 2000 and 2001 and a general before establishing his own consultancy practitioner in private practice between 1992 business in 2002. Mr Ellis consults nationally and 2001. Dr Denovan holds a Bachelor of on operational leadership and emergency Science from Griffith University (1984), a management, including to the Australian Bachelor of Medicine/Bachelor of Surgery from Defence Force. the University of Queensland (1990), and a Juris Doctor from the University of Queensland Dr Erik Eriksen (2004). She was awarded Fellowship of MBBS FRCS FRACS the Royal Australian College of General Part-time Member, SA Practitioners in 2000. First appointed 17 October 2002; current appointment until 19 October 2010 Rodney (Rod) Dunne LLB FCPA From 1977 until 1998, Erik Eriksen was a medical consultant and consultant surgeon at Part-time Senior Member, SA the Ashford Hospital. In 1976, he was a visiting First appointed 15 June 2005; specialist in Accident and Emergency at the current appointment until 31 May 2015 Royal Adelaide Hospital. Dr Eriksen spent 1973 Rod Dunne was admitted as a barrister in Tanzania as a consultant and orthopaedic and solicitor of the Supreme Court of South surgeon at Williamson Diamond Mine. From Australia in October 1982 and is a qualified 1967 to 1971, he gained experience in the accountant. He continues to practise part speciality of neurosurgery in the United Kingdom time as a special counsel in the Adelaide and the United States of America. He was until commercial law firm Donaldson Walsh where recently involved in rehabilitative orthopaedic he specialises in taxation and revenue law, medicine as a rehabilitation consultant. superannuation and estate planning. He Brigadier Conrad Ermert (Rtd) is a member of the Law Society of South Australia and a Fellow of the Taxation Institute MSc FIEAust CPEng of Australia. Part-time Member, Vic First appointed 19 June 1991; current appointment until 31 May 2015

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Conrad Ermert is a practising engineering New South Wales Consumer, Trader and consultant. He had 31 years’ service in the Tenancy Tribunal and its predecessor bodies Australian Army retiring in the rank of Brigadier. (the Consumer Claims Tribunal, Building From 1990 to 1995, he was the director of Disputes Tribunal and Fair Trading Tribunal). major capital projects for the Alfred Group of Senior Member Ettinger participates in the Hospitals before establishing his consultancy work of various committees and advisory practice. Brigadier Ermert is the Chairman of bodies, including the Dispute Resolution AMOG Holdings, Chairman of the AIF Malayan Committee of the Law Society, New South Nursing Scholarship, a past Chairman of Wales. She is Chair of the Specialist the Victoria Division, Institution of Engineers, Accreditation Committee, Dispute Resolution, Australia and Chairman of Judges of the of the Law Society, New South Wales, and a Institution’s Excellence Awards. member of the ADR Committee of the Law Brigadier Ermert was a member of the Council of Australia. Tribunal’s Alternative Dispute Resolution During 2009–10, Senior Member Ettinger was Committee in 2009–10. a member of the Tribunal’s Alternative Dispute Geri Ettinger Resolution Committee, and a coordinator of BA (Economics) LLB the professional development program for Tribunal members in Sydney. Part-time Senior Member, NSW First appointed 19 June 1991; Warren Evans current appointment until 25 October 2014 Grad Dip Logistics Mngt Cert Business Studies FAIM Geri Ettinger has worked both in the private Part-time Member, WA and public sectors. She was Chief Executive First appointed 21 September 2006; of the Australian Consumers’ Association, current appointment until 30 November 2011 publisher of CHOICE Magazine, for more than From 1967 until 1989, Warren Evans served in 10 years and was for a long period, until the Australian Army, including in South Vietnam mid-2002, a member of the board of in 1970–71. During his service, Mr Evans St George Bank. undertook extensive and diversified training, Senior Member Ettinger first trained as a gaining considerable experience across a mediator approximately 20 years ago. She number of disciplines, including aviation, practises in ADR at the Tribunal as well as in administration, logistics, recruiting, Special commercial, equity, personal injury, medical Forces and intelligence. During 1978–79, he negligence and workplace disputes. In addition was Honorary Aide-de-Camp to Sir Roden to undertaking regular additional training to Cutler VC, Governor of New South Wales. keep up to date, she conducts ADR training From 1986 to 1989, he was the Chairman of for various organisations and private parties. the Defence Armaments Committee and on Senior Member Ettinger is a Specialist the Steering Committee of Monash University’s Accredited Mediator under the Law Society Logistics Degree Course. Retiring as a program, and nationally accredited pursuant to Lieutenant Colonel in 1989, Mr Evans became the National Mediator Accreditation Program. the State Manager (Logistics) for Myer Stores in Western Australia and then undertook Senior Member Ettinger sits as a member several CEO appointments, directing several of the Medical Tribunal and chairs successful company recoveries. Professional Standards Committees on behalf of the New South Wales Medical Since establishing his own company in 1996, Council in relation to disciplinary action Mr Evans has concentrated on corporate taken against medical practitioners. She is a forensic intelligence work which has led to Mediator at the New South Wales Workers work with the federal and state governments Compensation Commission. on major projects, interspersed with private sector activity. From 1997 to 2000, he was For many years, Senior Member Ettinger held on the supervisory staff of Curtin University appointments as a part-time member of the

105 ADMINISTRATIVE APPEALS TRIBUNAL ANNUAL REPORT 2009–10

with responsibility for students undertaking From 2000 until his appointment to the PhD studies in logistics management. He Tribunal, Simon Fisher was a part-time member was also a member of the Western Australian of the Social Security Appeals Tribunal. Government’s Aviation Training Advisory Mr Fisher is a practising member of the Committee, a member of the Western Queensland Bar. His practice spans many Australian Department of Main Roads areas, including administrative law and Consultative Committee, a member of the governmental law, competition law and Jandakot Airport Chamber of Commerce and corporate and securities law. He was a a member of several flying clubs. From 2001 to sessional lecturer at the TC Beirne School of 2005, Mr Evans held a senior appointment with Law at the University of Queensland, having the Defence Materiel Office, associated with the previously been an Associate Professor of Law. $6 billion ANZAC Ship Project. In 2006, he was He was previously a lecturer (1992–95) and involved in the retention of Jandakot Airport senior lecturer (1995–99) in the Faculty of Law at its present site. In January 2007, Mr Evans at the Queensland University of Technology was appointed Honorary Colonel of the Royal and was a visiting fellow at the Australian Australian Army Ordnance Corps — Western National University in 1995. Region. He is an experienced company director, company secretary and business Between 1992 and 2002, Mr Fisher practised consultant. He has been a Fellow of the as a solicitor and legal consultant at Praeger Australian Institute of Management since 1995. Batt, Solicitors, Ebsworth & Ebsworth, Solicitors, and Bowdens Lawyers. From 1981 Egon Fice until 1987, he worked for the Reserve Bank of BBus (Bachelor of Business) LLB (Hons) LLM Australia in various positions of a legal, policy Full-time Senior Member, Vic and operational nature and, from 1980 until First appointed 12 June 2003; 1981, worked in the import/export area of the current appointment until 31 May 2015 Banque Nationale de Paris. Egon Fice was appointed to the Tribunal as a Mr Fisher was a member of the Corporations part-time Member in 2003 and was appointed Law Committee of the Law Council of Australia on a full-time basis from 29 August 2005. He and a board member of several not-for- was appointed as a Senior Member in 2010. profit enterprises. He has published widely Prior to taking up his full-time appointment, in the area of contract, personal property, Mr Fice was a partner in Charles Fice, commercial, company and associations law Solicitors. He was a partner specialising in and the law of obligations. He has authored litigation in Phillips Fox from 1995 to 1998 and co-authored a number of books, and worked in insolvency and commercial including Churches, Clergy and the Law. litigation law from 1990 until 1995. From 1967 Stephanie Forgie to 1980, he was a pilot in the Royal Australian Air Force before working as a pilot for eight LLB (Hons) years with Associated Airlines (BHP and CRA Full-time Deputy President, Vic Corporate Airline). First appointed 8 September 1988; current appointment until 3 November 2021 Senior Member Fice was a member of the Tribunal’s Alternative Dispute Resolution Stephanie Forgie was in private practice and Committee during 2009–10. lecturing and tutoring in the law of contract before becoming the Deputy Master of the Simon Fisher Supreme Court of the Northern Territory. LLB (Hons) LLM In that position, she gained considerable Part-time Member, Qld experience in court management. She built on First appointed 5 May 2004; and consolidated that experience when she appointment ceased 4 July 2009 later became the Registrar of the Tribunal. In the intervening years, she worked in various legal policy positions in the Attorney-General’s

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Department in Canberra. She has been closely Graham Friedman involved in the development of legislation BEc LLB GradDipAdmin such as the Freedom of Information Act 1982, Full-time Senior Member, Vic the Insurance Contracts Act 1984 and the Federal Proceedings (Costs) Act 1981. Her First appointed 1 July 2001; current appointment until 31 May 2015 work on policy issues relating to international trade law and private international law led Appointed as a full-time Member in 2001, to her representing Australia at international Graham Friedman was appointed as a Senior meetings on these subjects and to her work Member in June 2005. He was a Senior on the implementation of the United Nations Member of the Migration Review Tribunal Convention on Contracts for the International from 1999 to 2001 and Chairman/Convenor Sale of Goods. Subsequently, she held the of the Disciplinary Appeal Committee of departmental position of Legal Adviser in the the Public Service and Merit Protection office of the then Deputy Prime Minister and Commission from 1993 to 2000. Prior to this, Attorney-General, the Hon. L F Bowen. Senior Member Friedman practised at the Victorian Bar (1988–1993). He represented In September 1988, Deputy President Forgie the Victorian Department of Human Services was appointed to the Tribunal. Between 1993 as Prosecutor, Child Protection, from 1993 to and 1999, she also held part-time positions as 1999. He was Chairman, Grievance Review a Deputy Chairperson of the Land Tribunal and Tribunal, Victorian Department of Conservation as a Member of the Land Court. Both were and Natural Resources from 1994 to 1996. Queensland appointments. They gave her the He has previous experience in administrative opportunity to hear matters beyond the broad law with the Australian Government Attorney- and diverse range that she has heard, and General’s Department. continues to hear, as Deputy President of the Tribunal. In addition to her casework, Deputy Senior Member Friedman was a member President Forgie has enjoyed the extensive of the Tribunal’s Professional Development opportunities she has previously been given Committee in 2009–10. to draw upon her management skills. She has been responsible for case management in the Stephen Frost Queensland, Victorian and South Australian BA (Hons) Dip Law (BAB) Registries and has been an active member of Part-time Senior Member, NSW the Tribunal’s various management committees First appointed 24 August 2006; over the years. current appointment until 25 October 2014 She has held various positions on professional Stephen Frost was admitted as a legal associations, an arts council and a charitable practitioner in New South Wales in 1989, organisation. having been employed since 1977 by the Australian Taxation Office in Sydney and Dr Amanda Frazer Canberra. From 1989 until 2008, he was a tax Part-time Member, WA practitioner in the private sector. From 1995 First appointed 26 October 2009; to 2008, he was a tax partner at KPMG. He current appointment until 25 October 2014 is a nationally accredited mediator member of the Institute of Arbitrators & Mediators Amanda Frazer has been executive director Australia. In May 2010 Senior Member Frost for the Women and Newborn Health Service in was appointed a part-time judicial member of Perth since 2006 and was a part-time member the Administrative Decisions Tribunal of New of the Social Security Appeals Tribunal from South Wales. 1994 until 2001. Between 2002 and 2006 Dr Frazer was medical director of the King Senior Member Frost was a member of the Edward Memorial Hospital for Women and Tribunal’s Alternative Dispute Resolution the clinical director of Revenue Capture in the Committee in 2009–10. Western Australian Department of Health.

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The Honourable Raymond Groom AO Deputy President Hack was the Executive LLB Deputy President for Queensland and the Part-time Deputy President, Tas Northern Territory during 2009–10. He was the Chair of the Tribunal’s Alternative Dispute First appointed 5 July 2004; Resolution Committee and a member of the current appointment until 4 July 2014 Executive Deputy Presidents Committee and Raymond Groom was admitted to practise in the the Practice and Procedure Committee. Supreme Court of Victoria in 1968 and Tasmania in 1970. He was a partner in the Tasmanian Dr Hadia Haikal-Mukhtar firm of Crisp Hudson & Mann and committee Part-time Member, NSW member of the Bar Association of Tasmania. He First appointed 2 November 2009; is a former Premier of Tasmania and Attorney- current appointment until 1 November 2014 General of Tasmania. He was Chairman of the Australian Standing Committee of Attorneys- Hadia Haikal-Mukhtar holds degrees in General, as well as Chairman of the Australian science, medicine and law and is a Fellow Housing Industry Council and the Australian of the Royal Australian College of General Construction Industry Council. Deputy President Practitioners. She has been a general Groom is the chairman or director of several practitioner since 1984 and has extensive charities and community bodies. experience in aged care. She is currently head of the Auburn Sub-school of the Sydney Deputy President Groom was the Executive School of Medicine of the University of Notre Deputy President for Tasmania in 2009–10. Dame Australia, a senior medical educator He was a member of the Tribunal’s Executive for the Royal Australian College of General Deputy Presidents Committee and the Practice Practitioners and GP Synergy in Sydney. Dr and Procedure Committee. Haikal-Mukhtar is a former member of the Medical Practitioners Board of Victoria, and Philip Hack SC is currently a member of the Professional Full-time Deputy President, Qld Standards Panels of the Victorian Medical First appointed 9 January 2006; Board of the Medical Board of Australia. current appointment until 30 November 2010 John Handley Philip Hack took office as a Deputy President Full-time Senior Member, Vic after a career as a barrister in private practice extending over some 23 years. He was First appointed 14 June 1989; admitted to practice as a barrister in 1981 current appointment until 3 May 2018 and commenced private practice the following John Handley was appointed as a member year. He was appointed Senior Counsel in and of the Victorian Administrative Appeals for the State of Queensland on 1 December Tribunal (now Victorian Civil and Administrative 2000. Deputy President Hack had a broad Tribunal) in 1988 and as a full-time tenured practice at the Bar, successfully undertaking Senior Member of the Tribunal in 1989. He is both criminal and criminal appellate work, as a barrister and solicitor of the Supreme Court well as general civil, commercial, insolvency, of Victoria and High Court and was in private revenue and public law cases at both trial and practice between 1981 and 1988. He was a appellate level. part-time member of the Crimes Compensation Deputy President Hack served on the Tribunal during 1987 and 1988. From 1981 until Committee (later the Council) of the Bar 1988, he was a member of the Goulburn Valley Association of Queensland for more than College of TAFE. While in private legal practice 16 years until his appointment to the Tribunal. in Shepparton during this time, he was also He was, for a number of years, the Honorary involved in the Shepparton self-help group and Treasurer of the Queensland Bar Association Council for Disabled Persons and, for a time, and the Australian Bar Association. More served as its President. He is an accredited recently, he was the inaugural Chair of the mediator and has a special interest in dispute Bar’s Practising Certificate Committee. resolution and ombudsry.

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Senior Member Handley has been a member from a period of five years when she worked of the Tribunal’s Alternative Dispute Resolution on a full-time basis as an academic in the Law Committee since 2008. School at the University of Adelaide.

Robin Handley Senior Member Hastwell continued to have LLB (Hons), LLM academic involvement after ceasing full-time academic work and, for a number of years, she Full-time Deputy President, NSW continued to present courses for the Adelaide First appointed 17 August 2009; Law School with some ongoing involvement current appointment until 16 August 2014 in the examining and supervision of students. Robin Handley is admitted as a solicitor in the She holds a Masters Degree in Law from the United Kingdom and as a legal practitioner University of Adelaide. in the Australian Capital Territory and New Senior Member Hastwell was until recently South Wales. He has 25 years experience as a partner in the Adelaide law firm Norman an academic lawyer with a particular interest Waterhouse Lawyers. She has recently retired in administrative law. He taught for many years as a partner and has taken on the role of at the University of Wollongong, serving as Senior Consultant. Her specialties are in family Dean there for two years from October 1999. law and all associated areas, and the area of He also served as a part-time member of the estate planning. Social Security Appeals Tribunal for eight years until 1997. Senior Member Hastwell has previously held appointments as a Deputy President He was first appointed a Senior Member of of the South Australian Guardianship Board the Tribunal in February 1998 and served as a (1994–2004), as a legal member of the Social Deputy President between July 2001 and July Security Appeals Tribunal (1987–96) and as a 2004. Between then and being reappointed to legal member of the South Australian Dental the Tribunal as a Deputy President in August Board (1992–99). She is a founding member of 2009, he served as a part-time Acting Deputy the Committee of the South Australian Chapter President of the New South Wales Workers of the Council of Australasian Tribunals. She Compensation Commission, part-time Judicial is trained in mediation and in Collaborative Member and later part-time Deputy President Practice. of the New South Wales Administrative Decisions Tribunal, and part-time Legal Dr Timothy (Tim) Hawcroft Member of the New South Wales Mental BVSc (Hons) MACVSc Health Review Tribunal. Part-time Member, NSW Deputy President Handley has been the First appointed 1 July 2006; Executive Deputy President for New South current appointment until 31 May 2011 Wales since his appointment to the Tribunal. Tim Hawcroft graduated with a Bachelor of During 2009–10, he was a member of the Veterinary Science (Hons) from the University Executive Deputy Presidents Committee, of Sydney in 1969. He established and was the Practice and Procedure Committee and principal of the Gordon Veterinary Hospital Professional Development Committee, and from 1971 to 2002. He was Honorary Chair of the Practice Manual Committee. Veterinarian for the Royal Agricultural Society Lesley Hastwell of New South Wales from 1975 until 1986 LLB LLM and a part-time consultant for the University Veterinary Centre, Sydney, during 2003. He is Part-time Senior Member, SA an accredited veterinarian with the Australian First appointed 22 July 2004; Quarantine and Inspection Service. appointment ceased 25 January 2010 Dr Hawcroft is the author of a number of books Lesley Hastwell was admitted as a barrister on veterinary science and animal care. He and solicitor of the Supreme Court of South is a life member of the Australian Veterinary Australia in March 1976. She has been in Association and the Australian College of private legal practice since that time apart Veterinary Scientists.

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Kathryn Hogan Dr Gordon Hughes Part-time Member, WA LLB (Hons) LLM PhD First appointed 1 June 2010; Part-time Member, Vic current appointment until 31 May 2015 First appointed 5 July 2004; current appointment until 8 September 2014 Kathryn Hogan was a partner of Holding Redlich in Melbourne from 1987 to 1993 Gordon Hughes has been a partner at Blake and of Dwyer Durack in Perth from 1993 to Dawson since 1997 and is currently joint 1998. Since 2005 she has practised as a head of their national information technology, barrister at Albert Wolff Chambers, primarily communications and media division. He was in the areas of personal injuries and medical a managing partner of the Melbourne office of negligence. She commenced working as a Hunt & Hunt from 1993 until 1997 and partner part-time Conference Registrar of the Tribunal with Lander & Rogers from 1979 until 1993. in 2007. Ms Hogan is a member of the Western He is a past president of the Law Institute of Australian Bar Association, the Law Society of Victoria (1992–93), the Law Council of Australia Western Australia and a committee member of (1999–2000) and LAWASIA (2001–03). He has the Women Lawyers Association of Western authored several legal textbooks, including one Australia Inc. Ms Hogan has a particular on accident compensation and one on privacy. interest in promoting diverse opportunities for He is also a qualified Grade 1 arbitrator and an women within the legal profession. Adjunct Professor at RMIT University.

Stanley (Stan) Hotop Robin Hunt BA LLB LLM BA LLM Full-time Deputy President, WA Full-time Senior Member, NSW First appointed 19 June 1991; First appointed 5 July 2004; current appointment until 31 May 2015 appointment ceased 4 July 2009 Stan Hotop was appointed as a part-time Robin Hunt was previously a full-time Senior Deputy President in March 2002 and became Member of the Migration Review Tribunal a full-time Deputy President in June 2005. (MRT) in Canberra from October 2001. She He was an Associate Professor of Law at was a full-time Member of the MRT in Sydney the University of Sydney from 1980 to 1988 from 1999 until 2001 and for a short time prior and at the University of Western Australia to that a part-time Member of the Immigration from 1989 to 2005. He was Dean and Review Tribunal. Prior to joining the MRT on Head of the Law School at the University of a full-time basis, Senior Member Hunt was a Western Australia from 1990 to 1993 and was senior associate and solicitor in private practice President of the Australasian Law Teachers’ for over 30 years. Association from 1990 to 1991. He taught Between 1996 and 2001, Senior Member Hunt administrative law in university law schools undertook work as a technical tax writer with from 1971, first at the University of Sydney Computer Law Services and Thomson Legal (1971–88) and subsequently at the University (Law Book Company). She has tutored and of Western Australia (1989–2005). He is the lectured in tax, corporations and business author of several textbooks in the area of law at Macquarie University and has been an administrative law. occasional lecturer in law at the University of Deputy President Hotop was the Executive Technology Sydney. She has a Bachelor and Deputy President for Western Australia during Master of Laws from the University of Sydney. 2009–10. He was the Chair of the Tribunal’s Library Committee and a member of the Mark Hyman Executive Deputy Presidents Committee and Part-time Member, ACT the Practice and Procedure Committee. First appointed 26 October 2009; current appointment until 25 November 2014

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Mark Hyman has more than 17 years’ Deane Jarvis was admitted as a barrister experience as a senior executive in developing and solicitor of the Supreme Court of South and implementing policies and providing advice Australia in March 1964. He was engaged in to Government on a broad range of environment private practice until his appointment to the protection issues and legislation. He was Tribunal, and was previously the senior partner formerly the Director of the Canberra Office of and chair of a prominent Adelaide commercial the Western Australian Department of Premier law firm. He is a former chair of Bridgestone and Cabinet. From 1992 to 2005 Mr Hyman was Australia Ltd and an Adelaide radio station, and an Assistant Secretary in the Commonwealth a former Director of Macquarie Broadcasting Department of Environment and Heritage. Holdings Limited. He served on the Council of the Law Society of South Australia for 10 years Naida Isenberg and is a former chair of the Costs, Property LLB and Planning Environment and Administrative Part-time Senior Member, NSW Law Committees of that Society. He was the First appointed 1 July 2001; Honorary Consul-General of Japan for South current appointment until 31 May 2011 Australia from 2002 to 2003. He was formerly an examiner in administrative law and a part- Naida Isenberg was appointed as a part-time time tutor in Australian constitutional law at the Member of the Tribunal in 2001 and as a part- University of Adelaide. time Senior Member in August 2006. She is a Judicial Member of the New South Wales Deputy President Jarvis is a former Convenor Administrative Decisions Tribunal and a legal of the South Australian Chapter of the Council management consultant. of Australasian Tribunals. He provides tuition to persons undertaking the South Australian Bar Senior Member Isenberg is an accredited Readers’ course. mediator under the National Mediator Accreditation System, serving as a Mediator Deputy President Jarvis was the Executive for the New South Wales Law Society, Dust Deputy President for South Australia and Diseases Tribunal, and the Defence Force. the Coordinator of the Members’ Appraisal She was a member of the Tribunal’s Alternative Scheme in 2009–10. He was the Chair of Dispute Resolution Committee. the Tribunal’s Professional Development Committee and a member of the Executive Senior Member Isenberg was formerly a Deputy Presidents Committee and the Practice part-time Senior Member of the Veterans’ and Procedure Committee. He was also a Review Board and a District Court Arbitrator. member of the Organising Committee for the Her previous experience includes: general 2010 AAT National Conference, and Chair of counsel of a major insurance company; the Trustees of the AAT Benevolent Trust. Director of Crown Legal Services, New South Wales; and Deputy Director of the Australian Timothy Jenkins Government Solicitor. She is also a Lieutenant FIA FIAA Colonel in the Army Reserve (Legal Corps). Part-time Member, NSW She is a Fellow of the Institute of Chartered Secretaries and serves on the Institute’s Public First appointed 1 July 2006; current appointment until 31 May 2011 Sector Advisory Group. Tim Jenkins is active as an educator in Senior Member Isenberg was a member of insurance finance. He was previously an the Tribunal’s Library Committee and the emeritus partner and consulting actuary with Remuneration Committee in 2009–10. PricewaterhouseCoopers from 2003 to 2009, Deane Jarvis having been a partner from 1999 until 2002. LLB (Hons), FAICD He was Chief Executive of Superannuation and Insurance at Westpac from 1996 until 1998, Full-time Deputy President, SA having been general manager of Westpac First appointed 1 July 2003; Financial Services from 1993 until 1996, and current appointment until 31 May 2011 before that, Managing Director of ANZ Funds

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Management from 1989 until 1993. Mr Jenkins including with the Federation of Ethnic has also been Managing Director of ANZ Life, Communities’ Councils of Australia and the a partner with E S Knight & Co, Consulting Ethnic Communities Council of Queensland. Actuaries, and an actuary at MLC Life. He has been a member of the Migration Agents Registration Board, the Board of the Mr Jenkins was Chair of the Life Insurance National Accreditation Authority for Translators Actuarial Standards Board from 1998 until it and Interpreters and Chairman of the Special was handed over to the Australian Prudential Broadcasting Service’s Community Advisory Regulation Authority in 2008. He is a former Committee. President of the Institute of Actuaries of Australia and Convenor of the Institute’s Josephine Kelly Professional Conduct Committee. He was BA LLB elected a life member of the Institute of Full-time Senior Member, NSW Actuaries of Australia in 2005. He qualified as an actuary by satisfying requirements First appointed 5 July 2004; for admission as a fellow of the Institute of appointment ceased 4 July 2009 Actuaries (London) in 1965. Josephine Kelly was in practice at the New South Wales Bar from 1986 until her Professor Graham Johnston AM appointment to the Tribunal in 2004. Her BSc MSc PhD DPharm FRACI FTSE practice included administrative law and areas Part-time Member, NSW related to public law. She specialised in local First appointed 19 June 1991; government, environmental law and related current appointment until 30 September 2012 areas such as property and common law. She was statutory counsel for the New South Graham Johnston is Professor of Wales Environment Protection Authority from Pharmacology at the University of Sydney 1996 and has appeared in various courts, and trained as an organic chemist at the tribunals and inquiries. She was a member universities of Cambridge and Sydney. He of Professional Conduct Committees of brings expertise in chemistry, pharmacology the New South Wales Bar Association from and toxicology to the Tribunal. His scientific 2001 until 2004 and has been a committee research is directed to the discovery of drugs member of various legally-related associations to treat Alzheimer’s disease, amnesia, anxiety, and a trustee of a not-for-profit organisation. epilepsy and schizophrenia. She edited Environmental Law News from Steve Karas AO 1989 to 2004. Before going to the Bar, BA (Hons) LLB she worked as an associate to a judge, in administration and politics. Part-time Senior Member, Qld First appointed 26 September 2007; Graham Kenny current appointment until 30 November 2012 BA LLB (Hons) LLM Steve Karas was a Senior Member of the Part-time Senior Member, Qld Immigration Review Tribunal in 1989-99 and a First appointed 1 July 2001; part-time Member and Senior Member of the current appointment until 8 September 2014 Migration Review Tribunal from its inception in Graham Kenny was appointed as a part-time 1999 until he was appointed to act as Principal Member of the Tribunal in 2001 and as a Member in early 2001. He was also appointed part-time Senior Member in September 2009. as the Principal Member of the Refugee He was a part-time Member and Senior Review Tribunal from 1 July 2001. Member of the Veterans’ Review Board from Senior Member Karas previously worked in 1988 until March 2004. He was a part-time the Australian Government Attorney-General’s legal member of the Social Security Appeals Department and was in private practice as a Tribunal from 1995 until 2001 and Queensland legal practitioner for a number of years. He convenor (part-time) of the Student Assistance has had extensive community involvement Review Tribunal from 1988 until 1994.

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In 2008, he retired from his position of senior Dr Kenneth Levy RFD lecturer in the School of Law at the University BA BCom LLB PhD FCA FCPA MAPS Barrister-at-Law of Queensland, having joined in 1976. His Part-time Senior Member, Qld responsibilities in the Law School included Chair of the Law School Teaching and First appointed 5 July 2004; current appointment until 30 November 2011 Learning Committee, Director of the Bachelor of Laws and Juris Doctor programs and Chief Kenneth Levy was appointed as a part-time Examiner. Senior Member Kenny practised Member of the Tribunal in July 2004 and as as a barrister from 1978 until 1989. From a part-time Senior Member in September 1964 until 1974, he was a teacher with the 2006. Prior to his appointment to the Queensland Department of Education. Tribunal, he worked in the Queensland Public Service for approximately 36 years, retiring Ian Laughlin as Director-General of the Department of BSc FIA FIAA FAICD Justice in December 2003. He was National Part-time Member, NSW President of the professional accounting First appointed 26 October 2009; body CPA Australia in 2004–05. He has also current appointment until 25 October 2014 been a Fulbright scholar at the University of California at Irvine. Ian Laughlin was appointed as a Member of the Australian Prudential Regulation Authority Senior Member Levy is a practising barrister on 1 July 2010 for a three-year term. He has and has served on Boards of Management in extensive experience in the financial services a number of industries. He is also appointed industry. He has been a non-executive director as a Professor to the Faculty of Law of of AMP Life Limited, serving as chairman of its Bond University and teaches part-time each Board Audit Committee, Managing Director of semester in the areas of evidence, criminal law, the United Kingdom life insurance subsidiaries superannuation and succession. In addition, of AMP (Pearl, London Life and NPI), director Dr Levy serves on the Standby Reserve of of HHG plc, and non-executive director of the Australian Army and holds the rank of Diligenta Ltd in the UK. Before then, he held Lieutenant Colonel. He has been awarded senior management positions in AMP, Suncorp the Reserve Force Decoration (RFD), the and National Mutual, in Australia, New Zealand Centenary Medal, the Australian Defence and Hong Kong. Medal and the National Service Medal. Mr Laughlin is a qualified actuary and has Senior Member Levy served for five years as a served on the Council of the Institute of member of the Tribunal’s Library Committee. Actuaries of Australia. Brigadier Graham Maynard (Rtd) Dean Letcher QC MBBS MSc (OCC MED) DIH DTM&H Part-time Senior Member, NSW Part-time Member, Qld First appointed 26 October 2009; First appointed 5 July 2004; current appointment until 25 October 2014 current appointment until 8 September 2014 Dean Letcher has been in private practice as After graduating in Queensland in 1965, a barrister in New South Wales, the Australian Graham Maynard spent 27 years as an Capital Territory and Papua New Guinea Australian Army medical officer commencing since 1972 and was appointed Queens with duties as an Infantry Battalion Medical Counsel in 1988. Senior Member Letcher Officer in SVN and finishing as Director of was appointed as a part-time Member of Medical Services for the Army in 1990. His the New South Wales Mental Health Review career included postings in clinical positions, Tribunal in September 2008 and has also held hospital command, malaria research and appointments as a mediator, arbitrator and senior command. Brigadier Maynard’s contributions assessor with the New South specialist training was in tropical medicine Wales Supreme and District Courts and Dust and occupational medicine. From 1990 to Diseases Tribunal. 2002, he was employed as a senior medical

113 ADMINISTRATIVE APPEALS TRIBUNAL ANNUAL REPORT 2009–10

officer in the federal Department of Health for the State of Queensland. In the Wik case, with responsibilities at various times in food he was privileged to be the junior counsel to safety, Australian Government Health Services the late Sir Maurice Byers QC before both management, Creutzfeld-Jacob disease the Federal Court of Australia and the High matters and finally as Chief Medical Adviser Court of Australia. He is a member of the Bar for Medical Devices at the Therapeutic Goods Association of Queensland. Administration. Senior Member McDermott was the Senior Bernard McCabe Legal Officer (1982–88) and later the Principal BA LLB (UNSW) GradDipLegPrac (UTS) Legal Officer (1988–91) of the Queensland Law LLM (Corp & Comm) (Dist) (Bond) Reform Commission. He was later appointed as Deputy Chair of that Commission. In Full-time Senior Member, Qld 1998, he accepted a term appointment as an First appointed 1 July 2001; Assistant Commissioner of Taxation, Australian current appointment until 30 November 2011 Taxation Office, to contribute to the Ralph Bernard McCabe was appointed as a part-time reform process (1998–99). Member of the Tribunal in July 2001 and as a Prior to his appointment to the Tribunal, Senior full-time Senior Member in November 2003. He Member McDermott served on a number of was a member of the Faculty of Law at Bond Queensland tribunals. From 2002 until 2006, University from 1992 until 2006. From 1998 he was a member of the South Queensland to 2001, he served as a member of the legal Regional Community Corrections Board. He committee of the Companies and Securities also served on the Children Services Tribunal Advisory Committee, the federal government’s from 1997 until 2001. peak corporate law advisory body. He continues to edit the consumer protection Senior Member McDermott is the author of section of the Trade Practices Law Journal and Equitable Damages (Foreword by Sir Robert is a member of the editorial committee of the Megarry) (1994). He is a co-author of Principles Corporate Governance eJournal. During the of the Law of Trusts (3rd ed, 1996), Company past year, he published in the areas of trade Law (Foreword by Justice M D Kirby) (2006, practices and company law, lectured at Bond 2nd ed, 2008) and Fundamental Company University’s Faculty of Law and spoke at a Legislation 2008. He has recently written on conference on the law of international business citizenship issues: see ‘Australian Citizenship transactions. and the Independence of Papua New Guinea’ (2009) 32(1) University of New South Wales During 2009–10, Senior Member McCabe Law Journal 50. He has also co-authored was a member of the Tribunal’s Professional a forthcoming article on tax penalties: ‘An Development Committee and the Organising Admirable Safe Harbour’ in (2010) 34(2) Committee for the 2010 AAT National Melbourne University Law Review. Conference. Senior Member McDermott was a member Associate Professor Peter McDermott RFD of the Tribunal’s Library Committee and the LLB (Hons) LLM PhD Remuneration Committee in 2009–10. Part-time Senior Member, Qld Graham McDonald First appointed 15 November 2004; LLB current appointment until 14 November 2014 Part-time Deputy President, Vic Peter McDermott is an Associate Professor First appointed 14 October 1988; and Reader in Law in the School of Law at current appointment until 8 September 2010 the University of Queensland. He is also an elected member of the Academic Board of the Graham McDonald has been a legal University of Queensland. practitioner since 1972. In addition to establishing a legal firm, he has been involved Senior Member McDermott was admitted as a in a number of public positions, including the barrister of the Supreme Court of Queensland inaugural solicitor at the Western Australian in 1978. He has acted as the Crown Counsel

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Aboriginal Legal Service and subsequently From 1969 to 1982, Deputy President its Principal Legal Officer, Western Australian McPherson was a member of the Queensland Commissioner for Corporate Affairs, Principal Law Reform Commission and its Chairman Member of the Social Security Appeals from 1982 to 1991. In recognition of his Tribunal in Western Australia, Chairman of the contribution to law reform, he was awarded Western Australian Legal Costs Committee, the CBE in 1988. executive officer for a project examining the Deputy President McPherson is the author of establishment of an international insurance The Law of Company Liquidation (now in its exchange for Australia and Pacific rim 5th Australian and 2nd English edition), The countries, inaugural Australian Banking History of the Supreme Court of Queensland Industry Ombudsman and Chairman of the 1861–1960: history, jurisdiction and procedure Superannuation Complaints Tribunal. Deputy (1989) and The Reception of English Law President McDonald has been extensively Abroad (2007), as well as numerous journal involved in voluntary legal aid work and chaired articles and papers. various inquiries including into the Western Australian Sexual Assault Centre and to draft Dr Roderick McRae legislation for Aboriginal Land Rights for the MBBS (Hons) BMedSc (Hons) FANZCA FJFICM FAMA Western Australian Government. In addition to PGDipEcho MBioeth JD his Tribunal work, Deputy President McDonald Part-time Member, Vic is currently involved in the establishment of an employment and training scheme in financial First appointed 1 January 2006; services for Indigenous Australians. Deputy current appointment until 31 May 2015 President McDonald is a board member Roderick McRae was admitted as a barrister of Auda Limited, the NGO which regulates and solicitor of the Supreme Court of the Australia’s domain names. Australian Capital Territory in December 2004 Deputy President McDonald was the Executive and the Supreme Court of Victoria in February Deputy President for Victoria in 2009–10. 2005. He was appointed to the Tribunal in He was a member of the Executive Deputy January 2006. Presidents Committee and the Practice and Dr McRae is a practising anaesthetist and Procedure Committee. intensive care physician. He works primarily in the public healthcare sector providing medical The Honourable Dr Bruce McPherson CBE care to non-neonatal patients undergoing BA LLB PhD Hon LLD complex surgical interventions, as well as Part-time Deputy President, Qld participating in many hospital committees. He First appointed 6 September 2007; is Chairman of the Federal Australian Medical current appointment until 5 September 2012 Association (AMA), the Australasian Medical Publishing Company, and is a director of Bruce McPherson was educated at the several companies, including AMA Victoria. universities of Natal, Cambridge and He is a Fellow of the AMA. He is a qualified Queensland where he completed his PhD in bioethicist who sits on the AMA’s Ethics and 1967. In 2004, he was awarded an honorary Medicolegal Committee, several hospital LLD from the University of Queensland. ethics committees and national government Deputy President McPherson commenced committees related to medical workforce practice at the Queensland Bar in 1965 and and other healthcare issues. He undertakes took silk in 1975. In 1982 he was appointed to consultancies related to human research the Supreme Court of Queensland, in 1990 as legal and ethical issues. He has significant Senior Puisne Judge and in 1991 to the Court undergraduate and postgraduate teaching of Appeal. He retired from the bench in 2006. experience and is an Adjunct Senior Lecturer He was a Judge of the Fiji Court of Appeal and at Monash University’s Department of remains a Judge of Appeal of the Solomon Epidemiology and Preventive Medicine. Islands. In 2006, he was elected an Overseas Dr McRae was a member of the Tribunal’s Vice-President of the Selden Society. Remuneration Committee in 2009–10.

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Dr Michael Miller AO AVM (Rtd) before that a Judge of the Supreme Court MBBS FRANZCOG FRCOG FAFPHM of Western Australia for six and a half years. Part-time Member, ACT During part of his time as a member of the Supreme Court, he was also Chair of the First appointed 9 August 1995; Guardianship and Administration Board of current appointment until 30 November 2010 Western Australia. From 1986 to 1988, he was Michael Miller had a specialist medical a full-time Deputy President of the Tribunal. practice in Brisbane from 1964 to 1968 and Before this appointment, his professional life became an officer in the Royal Australian was spent in legal practice in Perth associated Air Force (RAAF) in 1968. His appointments with the law firm now known as Freehills. included Senior Medical Officer in Vietnam Internationally, Deputy President Nicholson (1970–71), Commanding Officer 4 RAAF has been active in matters relating to law. As Hospital Butterworth in Malaysia (1974–75) and Secretary of the LAWASIA Judicial Section, he exchange duty with the United States Air Force has been a resource person to the Conference (1977–79). His various staff appointments of Chief Justices of Asia and the Pacific for included Director of Medical Plans and Deputy over a decade. On behalf of the Federal Court Director General Air Force Health Services. of Australia, he was engaged in the delivery Dr Miller was appointed Director General of judicial training and education in Indonesia Air Force Health Services in 1987 with rank and the Philippines. As a member of the of Air Vice Marshal and Surgeon General International Commission of Jurists, he has Australian Defence Force in 1990. He retired edited the CIJL Yearbook and contributed to in September 1992. the ICJ Yearbook as well as conducted a trial Associate Professor Barrie Morley RFD observership on behalf of the Commission. MBBS FRACP FRCP Deputy President Nicholson was the Part-time Member, Qld Foundation Secretary-General of the Law First appointed 15 November 1985; Council of Australia. Subsequently, he was a current appointment until 30 November 2011 Deputy Secretary-General of the International Bar Association. He has represented the Barrie Morley has been a consultant Australian legal profession at a number of neurologist since 1965. He was consultant international meetings. He is the author of a neurologist to the Royal Australian Air Force number of legal papers published in Australian Specialist Medical Reserve from 1969 until legal journals. 1989. Initially appointed in 1972 as a medical member of the War Pensions Assessment Deputy President Nicholson was a recipient Appeals Tribunal, Associate Professor Morley of the Centenary Medal in 2001 for service served on the Repatriation Review Tribunal to the judiciary, to education and to the and then on the Veterans’ Review Board. He community. He was awarded an Officer was formerly Dean of the Clinical School and of the Order of Australia (AO) in 2002 for Head of Medicine of the (now) Monash Medical service to the judiciary and to the law, to Centre. He moved to Queensland in 1992 and education, particularly in the area of university is now Associate Professor of Medicine in administration, and to the community. In the South West Division of the Rural Clinical 2007, he became a Foundation Fellow of the School of the University of Queensland. Australian Academy of Law and has since been elected the Academy’s foundation The Honourable Robert David Nicholson AO President. Since 2007, he has been the BA LLB LLM MA President of the Royal Western Australian Part-time Deputy President, WA Historical Society. First appointed 6 September 2007; current appointment until 5 September 2010 Robert Nicholson was a Judge of the Federal Court of Australia from 1995 to 2007 and

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Frank O’Loughlin Steven Penglis BEc LLB (Hons) BJuris LLB Part-time Senior Member, Vic Part-time Senior Member, WA First appointed 23 September 2009; First appointed 15 June 2005; current appointment until 22 September 2014 current appointment until 31 May 2015 Frank O’Loughlin is a practising member Steven Penglis is a senior commercial litigator of the Victorian Bar and prior to that was a with the national law firm Freehills which he partner of the firm Corrs Chambers Westgarth joined in 1983, becoming a partner in 1987. practising in taxation and commercial law. He has been an elected member of the Legal He is the chair of the CPA Australia Discipline Practice Board of Western Australia since Committee, a Senior Fellow of the Law Faculty 1996 and was Chairman from 2002 until 2007. of the University of Melbourne teaching the Senior Member Penglis has been an elected Melbourne Masters program, a member of Member of Council of the Law Society of the Council of Mannix College at Monash Western Australia since 2002 and is also the University and Deputy Chair of the Business Convenor of the Society’s Courts Committee Law Section of the Law Council of Australia. which he also convened from 1995 to 2000. Senior Member O’Loughlin is also a member Since 1992, he has been the Chair of Freehills’s of the Taxation Committee of the Business Perth Pro Bono Committee. Law Section of the Law Council of Australia, the Melbourne Federal Court Users Group Regina Perton OAM and the Federal Litigation Section of the Law BA LLB Dip Ed Council of Australia. Full-time Member, Vic Senior Member O’Loughlin was a member First appointed 9 August 2004; of the Tribunal’s Professional Development current appointment until 8 August 2014 Committee in 2009–10. Regina Perton’s previous roles have included Senior Member of the Migration Review Bruce Pascoe Tribunal and Member of the Refugee Review FCA FTIA MIAMA Tribunal and the Immigration Review Tribunal. Part-time Senior Member, Vic She was a member of the Victorian Equal First appointed 5 December 1991; Opportunity Commission and a Commissioner appointment ceased 28 June 2010 of the Victorian Multicultural Commission. Ms Perton has held management positions in Bruce Pascoe was appointed as a part-time several tribunals and worked as a secondary Member of the Tribunal in 1991 and a Senior teacher and in real estate. Ms Perton has Member in April 1995. Until 1991, he was a been a member of various boards and senior partner of Ernst & Young, Chartered committees of professional, health and Accountants, where he specialised in taxation community organisations, including the Austin and corporate finance. He is a former & Repatriation Medical Centre and the Turning President of the Taxation Institute of Australia, Point Alcohol & Drug Centre. Ms Perton former National Treasurer of the Institute of was awarded a Centenary Medal in 2001 for Arbitrators & Mediators Australia and a Grade service to equal opportunity, immigration, 1 Arbitrator and Accredited Mediator with that ethnic affairs and the law. She was awarded Institute. Senior Member Pascoe was Chair of a Medal of the Order of Australia (OAM) in the the Tax Agents’ Board of Victoria until 1997. Queen’s Birthday 2010 Honours List for service to administrative law and to the community, particularly in the areas of equal opportunity and multiculturalism. Ms Perton is a member of the committees of the Victorian Chapters of the Council of Australasian Tribunals and the Australian Institute of Administrative Law.

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Jan Redfern PSM the International Neurotrauma Society and is BEc LLM FCIS on the advisory committees of several national Part-time Senior Member, NSW and international neurotrauma societies. He is a former President of the Neurosurgical First appointed 2 November 2009; Society of Australasia (1996-98), Chair of the current appointment until 1 November 2014 Neurosurgical Board of the Royal Australasian Jan Redfern has over 27 years in legal practice College of Surgeons (1991-94) and supervisor and has worked in both the private and public of Neurosurgical Training for South Australia. sectors. She was a partner of national law He has a Bachelor of Medical Science, firm Hunt & Hunt Lawyers from 1989 to 1999, Doctorate of Medicine and Bachelor of Surgery specialising in complex commercial litigation. from the University of Adelaide. He is a fellow She has served on a number of practice of the Royal Australasian College of Surgeons committees, including the Litigation Law and and of the Faculty of Pain Medicine. Practice Committee of the Law Society, and Professor Reilly was made an Officer in the was a member of the Enforcement Committee General Division of the Order of Australia of the International Organisation of Securities in 2002 for service to the advancement of Commissions (IOSCO) from 2004 to 2007. neurosurgery in the prevention and treatment She is a Fellow of the Institute of Chartered of head injuries through clinical practice, Secretaries and Administrators and a member research, education and membership in of the Law Committee of the Australian relevant professional organisations. He Institute of Company Directors. remains actively involved in the study of Senior Member Redfern held a number of traumatic brain injuries. senior executive positions with the Australian Securities and Investments Commission from Dr Teresa Schafer 1999 to 2008 and was the Executive Director, BSc (Hons) PhD GCertPharmEcon Dip Law GCert Leg Prac Enforcement from 2004 to August 2008. She Part-time Member, NSW was awarded a Commonwealth Public Service First appointed 24 August 2006; Medal in 2007 for outstanding public service current appointment until 31 May 2011 in the field of corporate and financial services regulation and enforcement. Senior Member Teresa Schafer is both a scientist and lawyer. Redfern was appointed a part-time Legal She is currently a partner in Piper Alderman’s Member of the New South Wales Guardianship corporate group and provides specialist advice Tribunal in June 2010. to clients predominantly in the pharmaceutical, biotechnology and medical device industries. Professor Peter Lawrence Reilly AO She is also the Director of Pharmedica Pty Part-time Member, SA Ltd, a company she established in 2001, which provides advice on the regulation of First appointed 1 July 2006; therapeutic goods. Dr Schafer has a PhD current appointment until 31 May 2011 in organic chemistry from the University Peter Reilly has been a practising of Western Australia and worked in the neurosurgeon since 1976. From 1994 until pharmaceutical industry for more than 13 2005, he was head of the Department of years, both in senior management roles and Neurosurgery at the Royal Adelaide Hospital. as a consultant, before commencing legal He has also been a visiting staff specialist at practice. Flinders Medical Centre and the Women’s and Children’s Hospital. Since 2004, he Elizabeth Anne Shanahan has been Clinical Professor of Neurosurgery BSC MBBS FRACS LLB in the Department of Surgery at the University Part-time Member, Vic of Adelaide. First appointed 19 June 1991; Professor Reilly is an executive member of the current appointment until 8 September 2014 Neurosurgical Research Foundation Inc. He Anne Shanahan is a cardiothoracic surgeon has recently completed a term as president of (now retired) and worked both in public and

118 APPENDIX 1: MEMBERS OF THE TRIBUNAL private hospitals in Victoria for 43 years. She as a member of predecessor tribunals for is also a barrister, a Harvard alumnus and more than 18 years. former Fulbright scholar. From 1973 until Professor Sourdin has published many papers 1985, Miss Shanahan was a senior lecturer and books in the area of alternative dispute in the Department of Surgery at Monash resolution, litigation and research into dispute University. She has served on numerous resolution processes and is the author of the hospital committees and a hospital Board major text, Alternative Dispute Resolution. In of Management, in addition to the Health 2007, she developed the National Mediation Service Commissioner’s Review Council, a Accreditation Standards that govern mediation Health Insurance Commission Committee practice in Australia. She is a member of and the Red Cross International Humanitarian the National Alternative Dispute Resolution Law Committee. Miss Shanahan is also a Advisory Council and attended a number part-time Member of the Superannuation of national and international conferences Complaints Tribunal and the Victorian Civil and as a keynote and specialist speaker during Administrative Tribunal (Professional Bodies). the past year. In 2009, Professor Sourdin John Short conducted additional extensive research into LLB mediation and related processes in Victoria and was retained as an international expert to Part-time Member, SA advise governments and courts on alternative First appointed 1 October 2004; dispute resolution in both the Middle East and appointment ceased 30 September 2009 the Pacific. Prior to his appointment to the Tribunal, John Professor Sourdin was a member of the Short was a part-time member of the Social Tribunal’s Alternative Dispute Resolution Security Appeals Tribunal in Adelaide (1989– Committee during 2009–10. 2004), a part-time member of the Veterans’ Review Board (1993–97) and a part-time Peter Staer member of the South Australian Residential MBBS DObst (RCOG) FRCS (Eng) FRACS Tenancies Tribunal (2001–04). Mr Short was Part-time Member, WA a legal practitioner in general practice from 1984 until 1992. He lectured in contract law First appointed 15 November 1985; appointment ceased 30 September 2009 on a part-time basis at the Douglas Mawson Institute (SA) between 1989 and 1992. He was Before his appointment to the Tribunal, also a part-time Child Support Review Officer Peter Staer was previously a member of the from 1992. Mr Short completed a LEADR Repatriation Review Tribunal and Veterans’ mediation course in 1997 and maintains a Review Board. He has practised medicine for strong interest in alternative dispute resolution. 45 years, primarily as a surgeon/gynaecologist. He has served on the Nurses’ Examination Professor Tania Sourdin Board and various medical advisory BA LLB LLM PhD committees. He is a qualified mediator. Part-time Member, NSW Dr Staer spends two to three months per year First appointed 1 July 2001; in voluntary work in developing countries. current appointment until 1 November 2014 Andre Sweidan Tania Sourdin is a part-time Professor of Peace BComm LLB H Dip Tax Law Grad Cert Arbitration and Conflict Resolution at the University of and Mediation Queensland. She has worked as a lawyer, Part-time Senior Member, WA court registrar, academic, mediator and tribunal member since being admitted to First appointed 18 August 2005; current appointment until 31 May 2012 practise as a lawyer in 1985. She has held a number of part-time appointments, including Andre Sweidan has practised in various fields as a Senior Member with the New South Wales of law in Australia and overseas for more Consumer, Trader and Tenancy Tribunal and than 35 years. He is currently a consultant at

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Anchor Legal, a firm which he co-founded, in Senior Counsel in New South Wales in 1993. Perth. He has had an extensive legal career Senior Member Taylor practises in the areas in the areas of taxation, revenue, intellectual of commercial, building and construction, property and administrative law. He has also insurance, professional liability, equity and had extensive experience representing clients trusts, and public authority tort law. He was the before the Tribunal, the Federal Court and Chair of the New South Wales Bar Association the Supreme Court of Western Australia. In Advocacy Committee from 1996 to 2000 and 1998, he commenced practice as a Senior a member of the Legal Profession Admission partner with KPMG Legal in Perth. From Board of New South Wales from 1994 to 2008. 1993 to 1998, he worked in sole practice and From 1984 until 2005, Senior Member Taylor from 1983 was a partner at Stone James & was the General Editor of Ritchie’s NSW Co, which subsequently became Mallesons Supreme Court Practice. Since 2005, he has Stephen Jaques in Perth. Before immigrating been the General Editor of Ritchie’s NSW to Australia from South Africa, Senior Member Uniform Civil Procedure. Sweidan was a partner in the law firm Trakman & Sweidan for a period of 12 years. Dr Maxwell Thorpe Senior Member Sweidan was a member MBBS MD FRACP of the Tribunal’s Professional Development Part-time Member, NSW Committee during 2009–10 and was also a First appointed 15 November 1985; managing member for tax schemes. current appointment until 25 October 2011 The Honourable Brian Tamberlin QC Max Thorpe was a member of the Repatriation BA LLB (Syd) LLM (Harv) Review Tribunal before his appointment to Part-time Deputy President, NSW the Tribunal in 1985. For 28 years, he was a consultant physician in private practice First appointed 30 March 2009; and Visiting Medical Officer, Prince of Wales current appointment until 29 March 2014 Hospital, where he was Warden of the Clinical Brian Tamberlin was previously a Judge of School, University of New South Wales. Dr the Federal Court of Australia where he served Thorpe continues as Honorary Consultant for a term of 14 years. He was appointed Medical Officer at the Prince of Wales Hospital. a part-time judicial member of the Tribunal He is Chairman of the Appeals Committee, in 2005 and was Acting President in the Overseas Doctors, Australian Medical absence of the President between 2005 and Council. He was previously a World Health 2009. Prior to his appointment as a Judge, Organisation Consultant in Cambodia advising Deputy President Tamberlin was at the New on postgraduate education. Dr Thorpe was a South Wales Bar for 28 years, 14 as Queen’s Guest Professor at Harbin Medical University, Counsel. Prior to that, he was a solicitor for China and director of an exchange of medical several years and an in-house counsel. specialists from Harbin Medical University with teaching hospitals of the University of New Over the past five years, Deputy President South Wales. He has extensive involvement in Tamberlin has been actively involved with insurance and reinsurance medicine. the International Association of Supreme Administrative Jurisdictions. Dr Saw Hooi Toh MBBS FRACGP Peter Taylor SC Part-time Member, NSW Part-time Senior Member, NSW First appointed 24 August 2006; First appointed 24 August 2006; current appointment until 31 May 2011 current appointment until 31 May 2011 Saw Hooi Toh is a general practitioner and a Peter Taylor is a barrister in private practice medical educator at the Institute of General in New South Wales. He graduated from Practice Education. She sits as a member the University of Adelaide in 1974 with a of the Medical Tribunal and of Professional Bachelor of Laws (Honours) and was made Standards Committees of the New South

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Wales Medical Board. Dr Toh is also Senior Professor Emeritus Geoffrey Walker Examiner for the Australian Medical Council LLD Board of Examiners. Full-time Deputy President, NSW Jill Toohey First appointed 2 August 2004; appointment ceased 1 August 2009 Full-time Senior Member, NSW First appointed 17 August 2009; Geoffrey Walker was admitted to the Bar in current appointment until 16 August 2014 1965 and subsequently gained extensive legal experience in private practice, industry and Jill Toohey holds a Bachelor of Jurisprudence government. In 1978, he joined the academic and Bachelor of Laws from the University of staff of the Australian National University Western Australia. She has worked in private and has also taught law at the universities of practice and in community legal centres in Sydney, Queensland and Pennsylvania. For Western Australia and was a Commissioner 11 years, until returning to the Bar in 1997, of the Legal Aid Commission of Western he was Dean of Law at the University of Australia. Between 1993 and 2004 she was Queensland. He has been appointed Adjunct a full-time member, and then Registrar, of Professor of Law at Murdoch University. the Refugee Review Tribunal in Sydney. From 2005 to 2009 she was the Senior Member Deputy President Walker is the author of four of the Human Rights stream of the Western books, including The Rule of Law: Foundation Australian State Administrative Tribunal. of Constitutional Democracy (1988), and She is an accredited mediator. approximately 100 articles in legal and related journals. Lisa Tovey BJuris LLB LLM (Dist) Deputy President Walker was the Executive Deputy President for New South Wales. Part-time Member, WA First appointed 15 June 2005; Chelsea Walsh appointment ceased 31 May 2010 Part-time Senior Member, WA Lisa Tovey has been a barrister at John Toohey First appointed 1 June 2010; Chambers in Perth since 2003. She was current appointment until 31 May 2015 admitted as a barrister and solicitor of the Chelsea Walsh has worked as a Senior Supreme Court of Western Australia and High Associate in the taxation department of Allens Court of Australia in 1992. She commenced Arthur Robinson. Mrs Walsh has also worked practice with Corrs Chambers Westgarth and in the taxation departments of first tier law then worked as associate to the Honourable firms in Perth and Sydney and at boutique Justice Rowland at the Supreme Court of taxation law practices in Perth and Sydney. Western Australia. Ms Tovey was a Crown Mrs Walsh worked as a tax attorney in the tax Prosecutor within the Office of the Director department of Fried Frank Harris Shriver & of Public Prosecutions for Western Australia Jacobson in New York, and was the associate between 1996 and 2001. Ms Tovey has been to Justice Graham Hill in the Federal Court of a lecturer and senior lecturer, and the Course Australia in 1997. Mrs Walsh has a Masters Controller for both the law of evidence and of Laws (with Honours) from the University of administrative law courses at the University of Sydney. Notre Dame Australia. Dr Robert (Rob) Walters Ms Tovey has been the presiding member of the Osteopaths Registration Board of Part-time Member, Tas Western Australia, and served as the deputy First appointed 16 November 2006; presiding member between 2003 and 2004. current appointment until 31 May 2011 Ms Tovey was a Lieutenant in the Royal Rob Walters is a general practitioner in Hobart. Australian Naval Reserves between 1994 He is a past Chair of the Australian Divisions and 2001 and has completed a Practitioner’s of General Practice (now Australian General Certificate in Mediation.

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Practice Network), a position he held between Battle of Long Tan. He is a sessional Senior 2002 and 2005. He continues to sit on a Member of the Western Australian State number of national boards and councils. Administrative Tribunal, a member of the Mental Health Review Board of Western Dr Walters is secretary and medico-legal Australia and is CEO of the RAAF Association adviser to the Medical Protection Society of (WA Div) Inc. Tasmania. As well as providing case advice, he regularly presents to medical practitioners Simon Webb and medical students on matters related to Full-time Member, ACT medical indemnity and medico-legal aspects of medical practice. First appointed 16 July 2001; current appointment until 15 July 2014 Dr Walters holds the rank of Colonel in the Australian Army Reserve, having joined Prior to his appointment to the Tribunal, Simon the Australian Defence Force in 1972 as a Webb held the office of Deputy Director of National Serviceman. He is currently the the Commonwealth Classification Board Senior Health Officer for Tasmania and a with extensive periods acting in the office of consultant to the Surgeon General of the Director (1997–2001). During this period, he Australian Defence Force on General Practice was Secretary of the Commonwealth, State for the Army, Navy and Air Force. He served and Territory Censorship Ministers’ Council. in East Timor in 2002. From 1994, Mr Webb worked with federal, state and territory ministers and officials Dr Walters is the Medical Director on the to implement revised censorship laws in a Tasmanian WorkCover Board and a past Chair cooperative national legislative classification of the Cancer Council of Tasmania. He also scheme. He was involved in establishing the has regular national media commitments on Classification Board and the Classification both television and radio. Review Board in 1996 and worked with the Australian Customs Service reviewing Brigadier Anthony Gerard (Gerry) Warner AM prohibited import and export regulations and LVO (Rtd) related administrative procedures. Prior to BSc (Hons) DipMilStud FAICD that, Mr Webb conducted a management Part-time Member, WA consultancy and was General Manager of the First appointed 15 June 2005; Arts Council of Australia. He has over 25 years current appointment until 31 May 2015 senior management and public administration experience and is an accredited mediator. Gerry Warner’s military career, following graduation from the Royal Military College Mr Webb was a member of the Tribunal’s Duntroon, included extensive command Professional Development Committee and the experience, tours on the personal staff Remuneration Committee during 2009–10. of Governors-General, pivotal operations and personnel staff appointments and UN Dr David Weerasooriya peacekeeping on the Golan Heights and in MBBS MRCP (Lond) MRCP (Edin) MRCP (Glas) DCH Southern Lebanon. He was the Senior Defence Part-time Member, WA representative in Western Australia in 1996–97 First appointed 29 July 1996; and in his final posting was Chief of Staff Land appointment ceased 30 November 2009 Headquarters in Sydney during a period of intense operational tempo, including the East Prior to his appointment to the Tribunal, Timor campaign and support to the Olympic David Weerasooriya was a medical member Games. After separation from the Army in of the Social Security Appeals Tribunal from 2003, he was appointed to the independent 1994 until 1996. Dr Weerasooriya practised committee convened by the Board of Western as a specialist physician, paediatrician and Power to report on the power supply crisis vocationally registered general practitioner of February 2004. In 2007-08 he served on in Kalgoorlie from 1972 to 1976 and in a panel appointed by the Prime Minister to Perth thereafter. He was a visiting specialist review the award of honours for the 1966 physician to Wanneroo Hospital from 1989 until

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1996. He was a senior lecturer in paediatrics Dr Peter Wulf at the University of Ceylon, Colombo. Dr BSc(Hons), LLB, LLM, PhD Scholar, Barrister at Law Weerasooriya undertook his postgraduate Part-time Member, Qld training in the United Kingdom between 1959 and 1964. He was the author of a textbook on First appointed 9 September 2009; current appointment until 8 September 2014 health science for GCE ‘O’ level students in Sri Lanka. Dr Weerasooriya is a qualified mediator. Peter Wulf is a scientist and barrister with more than 18 years’ experience in a variety Dr Peter Wilkins MBE of industries, government, academic and BA MBBS MHP MLitt GradDipHum FAFOEM FAFPHM research institutions. Dr Wulf’s experience Part-time Member, ACT includes undertaking environmental impact First appointed 24 August 2006; assessments, freshwater and marine research, current appointment until 30 November 2010 water quality assessment and remediation of both point and diffuse sources, and dredging Peter Wilkins served full-time in the Royal and sediment studies. His PhD investigated the Australian Air Force for 22 years and remains appropriate regulatory mechanisms to achieve a member of its Specialist Reserve. Dr Wilkins best environmental management practices for has held senior management positions with the land-based water quality pollution entering the Federal Australian Medical Association, NSW Great Barrier Reef World Heritage Area from Health and as Director of Aviation Medicine cane lands. for the Civil Aviation Safety Authority. His main current work is consultant practice in Dr Wulf is admitted as a Barrister at Law of occupational medicine. the Supreme Court of Queensland and High Court of Australia and predominantly practices Dr Wilkins was a member of the Tribunal’s in the areas of environmental and planning Library Committee, the Organising Committee law at Commonwealth and state levels for the 2010 AAT National Conference and the (including climate change and greenhouse Remuneration Committee in 2009–10. gas emissions). He has been briefed to act The Honourable Christopher Wright QC in matters in a range of areas, including administrative law, cultural heritage, freedom BBL of information, maritime, mining, native title Part-time Deputy President, Tas and water. He is a member of the Queensland First appointed 6 February 2001; Civil and Administrative Tribunal and the appointment ceased 30 June 2010 former Queensland Building and Development From 1986 until 2000, Christopher Wright was Tribunal and Fisheries Tribunal. Dr Wulf also a judge of the Supreme Court of Tasmania, has a background in negotiations, and his having been Solicitor General from 1984 until experience as a qualified mediator in both legal 1986. He practised at the Tasmanian Bar from and non-legal disputes allows him to undertake 1977 until 1983 and was a magistrate in Hobart negotiations for win-win outcomes. from 1972 until 1977. Between 1959 and 1972, he was a partner in the Hobart law firm Crisp Wright and Brown. Other appointments he has held include Chairperson of the Retirement Benefits Fund Investment Trust (1984-86), the Social Security Appeals Tribunal (1979- 83) and the Tenancy Law Review Committee in Tasmania (1979) and President of the Bar Association of Tasmania (1977-79). He was appointed as Chairman of the Tasmanian Police Review Board in 2004. He was appointed Queen’s Counsel in 1984.

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