Visitors to the Tribunal’s website are advised that there is currently before the Senate a Bill which, if passed by the Parliament, might abolish or curtail their rights under the present law to apply to the Tribunal for independent merits review of a Defence decision to refuse to recommend the issue of a defence honour, a defence award or a foreign award.
The Bill was passed by the House of Representatives on 4 September 2025 and has now been referred to the Senate Foreign Affairs, Defence and Trade Committee for inquiry and report by 30 October 2025. You can access the Committee’s website for this inquiry here. On that site you will be able to track progress of the inquiry (including the dates for any public hearings) and upload any submission you may wish to make to the Committee.
The changes proposed by the Bill would not apply:
- Where a valid application for review was made to the Tribunal before the date of commencement; or
- Where the application to Defence seeking the honour or award was made before the date of commencement and a Defence decision was not made by that date (but, when a Defence decision is eventually made, any application for review would have to be lodged within six months of the date of the Defence decision – unless the Tribunal extended that period in exceptional circumstances such as ill health).
However, where a Defence decision was made before the date the changes commence and the applicant had not exercised their right to apply to the Tribunal before the commencement date, that right will be abolished if an application is not made within six months of the date of the Defence decision – unless the Tribunal extended that period in exceptional circumstances.
