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Defence Amendment (Defence Honours and Awards Appeals Tribunal) Bill 2025

High-Level Summary

The bill modernises the Defence Act’s provisions for the Defence Honours and Awards Appeals Tribunal by clarifying definitions of defence and foreign awards, imposing time limits and eligibility criteria for reviews, refining who may apply, expanding regulation-making powers, and introducing annual reporting requirements.

Summary

The Defence Amendment (Defence Honours and Awards Appeals Tribunal) Bill 2025 amends Part VIIIC of the Defence Act 1903. Key changes include:

  • Revised definitions: clarifies “defence honour,” “defence award,” “foreign award,” and introduces separate “length of service” and “operational service” awards to ensure clasps, bars and insignia decisions are reviewable.
  • Additional rules for reviewable decisions: sets a 20-year limit from the end of operations or rendering of service (for honours, operational and foreign awards) and a 100-year age limit for length of service awards; excludes appeals of previously cancelled awards.
  • Eligibility and process: restricts applicants—honours reviews by eyewitnesses or commanders with consent; awards and foreign awards by original applicants who are the affected person, their close family or estate representatives; requires Tribunal applications within six months.
  • Tribunal powers and oversight: narrows recommendation scope to eligibility criteria; removes remittal options for awards; expands regulation-making for administrative procedures; mandates annual operational reporting to Parliament.
Argument For
Normative Bases
  1. Value-Neutral / Epistemic Objection
  2. Pro-Democracy

The bill clarifies review procedures for defence honours and awards, ensuring timely and evidence-based appeals by setting clear definitions, imposing appropriate time limits, and delineating who may apply. These changes reduce administrative uncertainty, focus the Tribunal’s resources on contemporary cases, and enhance transparency by requiring annual reporting to Parliament.

By modernising Part VIIIC of the Defence Act, the bill strengthens the integrity of Australia’s honours and awards system, balancing fairness to applicants with the practical need for accurate records and accessible witnesses [Judgment].

Argument Against
Normative Bases
  1. Non-Discrimination
  2. Value-Neutral / Epistemic Objection

The bill’s strict time limits—20 years for operational and foreign awards and 100 years of age for length-of-service awards—risk arbitrarily barring deserving applicants, particularly elderly veterans whose applications may emerge late due to health or awareness issues. Restricting review rights on these bases effectively discriminates by age and overlooks genuine evidence or compelling reasons that fall outside these cutoffs.

Moreover, narrowing who may apply—excluding self-nomination for honours and limiting award appeals to original applicants or close family—may prevent legitimate cases supported by independent advocates, undermining the justice the Tribunal is meant to uphold [Judgment]. The six-month deadline for filing appeals is also unduly short for those requiring time to gather evidence or overcome exceptional circumstances.

Key Links:
Official URL
Explanatory Memo URL
Latest Bill URL
Date:

2025-08-28

Chamber:

House of Representatives

Status:

Before House of Representatives

Sponsor:

Unspecified

Portfolio:

Defence

Categories:

Defence, Democratic Institutions

Timeline:
28/08/2025

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