Document ID: chunk:federal_register_of_legislation:F2023C00054:reg:9
Version: federal_register_of_legislation:F2023C00054
Segment Type: reg
Provision Reference: reg 9
Character Range: 5769–8084

9  Report by Secretary
 (1) The Tribunal may give an application to the Secretary, or an office holder designated by the Secretary in writing from time to time and notified to the Tribunal (designated office holder).
 (2) The Secretary or designated office holder may give the application for comment to:
 (a) a person in the Department; and
 (b) a person in the Defence Force.
 (3) If the Secretary or designated office holder is given an application under subrule (1), the Secretary or designated office holder must give the Tribunal a report on the reviewable decision to which the application relates within:
  (a) if the application relates to a defence award, 30 working days after the day the Secretary or designated office holder receives the application;
  (b) if the application relates to a defence honour, 60 working days after the day the Secretary or designated office holder receives the application.
 (4) The report must include the following:
 (a) the findings on material questions of fact and the reasons for the decision;
 (b) a reference to the evidence on which the findings were based;
 (c) if the evidence mentioned in paragraph (b) is in an unclassified document—a copy of the evidence;
 (d) each other unclassified document under the Department's control or in the Department's possession that is relevant to the reviewable decision.
 (5) The Secretary or designated office holder must:
 (a) prepare a list of all classified documents under the Department's control or in the Department's possession that are relevant to the reviewable decision; and
 (b) give the list to a Tribunal member who holds a security clearance for accessing the documents within 30 working days after the day the Secretary or designated office holder receives the application; and
 (c) if a Tribunal member who holds a security clearance for accessing a document on the list requests access to the document—give that Tribunal member a specified number of copies of the document within 10 working days after the day the Secretary or designated office holder receives the request.
 (6) The Tribunal may approve, in writing, a written request from the Secretary or designated office holder for more time to prepare the report or the list.
 (7) The approval must state the additional time approved by the Tribunal.