Private R Army v Chief of Army [2021] ADFDAT 2

Private R Army v Chief of Army [2021] ADFDAT 2

Having regard to the affidavit, submissions and revised draft minutes of order, the Tribunal was satisfied that it had power, including by implication, to make the revised orders, and that a public interest justified suppression of the Appellant's name; the amended draft orders were therefore made.

Jurisdiction
Australia
Judgment Date
27 August 2021
Procedural Posture
Appeal in the Defence Force Discipline Appeal Tribunal / Interlocutory Orders for Non Publication, Non Disclosure and Pseudonyms Before the Appeal Hearing
Outcome
Orders made in the form of the amended draft, to operate until the sitting at which the appeal hearing is listed and subject to any further order.
Legal Topics
['defence Force Discipline Appeal' 'non Publication Orders' 'non Disclosure Orders' 'pseudonym Orders' 'special Operations Command Information']
['military Law' 'procedure'] ['defence Force Discipline Appeal' 'non Publication Orders' 'non Disclosure Orders' 'pseudonym Orders' 'special Operations Command Information']

Case Brief

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Procedural Posture

Appeal in the Defence Force Discipline Appeal Tribunal / Interlocutory Orders for Non Publication, Non Disclosure and Pseudonyms Before the Appeal Hearing

Legal Issues

  1. 1 ['Whether the Tribunal had power, including by implication, to make the proposed non-publication, non-disclosure and pseudonym orders.' "Whether public interest justified suppression of the Appellant's name and restrictions on information concerning Special Operations Command."]

Ratio Decidendi

Having regard to the affidavit, submissions and revised draft minutes of order, the Tribunal was satisfied that it had power, including by implication, to make the revised orders, and that a public interest justified suppression of the Appellant's name; the amended draft orders were therefore made.

Court Disposition

Orders made in the form of the amended draft, to operate until the sitting at which the appeal hearing is listed and subject to any further order.

Orders

  • ['In relation to the proceedings of the Tribunal at this sitting, and until the sitting at which the appeal hearing is listed, and subject to any further order, the Tribunal makes the orders in Annexure A.' 'There be no publication or disclosure of the name of the Appellant, or any personnel who serve, or have...