DEFENCE AND WAR - appeal from dismissal of application for review of decision by delegate of Chief of Defence Force to terminate service with Defence Force - officer's retention considered not to be in the interests of the Defence Force - whether delegate required to take into account annual personal performance reports - whether a mandatory relevant consideration within statutory context of Defence Regulation 2016
ADMINISTRATIVE LAW - appeal from dismissal of application for review of decision by delegate of Chief of Defence Force to terminate service with Defence Force - whether delegate failed to take into account a mandatory relevant consideration or a clearly articulated claim being 18 years of personal performance reports - whether delegate took into account an irrelevant consideration being a non-recorded conviction for a traffic offence
ADMINISTRATIVE LAW - procedural fairness - appeal from dismissal of application for review of decision by delegate of Chief of Defence Force to terminate service with Defence Force - whether despite being given 21 extra days to respond to termination notice appellant was denied procedural fairness
STATUTES - interpretation - general approaches to interpretation - whether s 12(3) of the Penalties and Sentences Act 1992 (Qld) operates in manner contemplated by s 85ZV(3) and s 85ZW of the Crimes Act 1914 (Cth) - whether s 5 of the Criminal Law (Rehabilitation of Offenders Act) 1986 (Qld) operated to relieve the appellant from being required to disclose a conviction that was not recorded - whether an "inquiry" was being conducted pursuant to the Defence Act 1903 (Cth)
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