Commonwealth Consolidated Acts

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DEFENCE ACT 1903 - SECT 110V

What decisions are reviewable?

             (1)  A reviewable decision is a decision (whether made before or after the commencement of this Part) in relation to which the following conditions are satisfied:

                     (a)  the decision is or was a refusal to recommend a person or group of persons for any of the following in relation to eligible service:

                              (i)  a defence honour;

                             (ii)  a defence award;

                            (iii)  a foreign award;

                     (b)  the decision is or was made:

                              (i)  by or on behalf of the Minister, or a former Minister (a former Defence Minister ) whose ministerial responsibilities included defence or matters related to defence; or

                             (ii)  by a person within the Department, or a former Department of State of the Commonwealth that was administered by a former Defence Minister; or

                            (iii)  by a person within the Defence Force, or an arm of the Defence Force;

                     (c)  the decision is or was made in response to an application.

             (2)  However, a decision is not a reviewable decision if the decision:

                     (a)  was made before 3 September 1939; or

                     (b)  relates to service rendered before 3 September 1939.



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