Conclusion of Arbitration in the Case of Former ASIS Officer MT184

27 October 1995

Conclusion of Arbitration in the Case of Former ASIS Officer

On 1 June 1995, in Senator Gareth Evans's tabling statement which detailed the Government's response to the recommendations made by the Commission of Inquiry into ASIS, Senator Evans indicated that the Government would set up a process of arbitration to make binding determinations on compensation and other issues arising from the cases of a number of former ASIS officers, and the wife of one of these former officers.

On 27 October 1995, after a process of arbitration agreed by the parties, Mr Gordon Samuels AC, one of the Commissioners, made an award of compensation of $78,504 to one of the former ASIS officers.

Mr Samuels calculated that the former officer's economic loss was $180,222, and that his non-economic loss was $75,000. However, Mr Samuels deducted $58,962 from these amounts to take account of compensation already paid to that officer by the Commonwealth in 1993. Mr Samuels also decided that it was appropriate to apply a discount of 60 per cent to the resultant sum of $196,260 because of the officer's unauthorised disclosure of certain information gained during his former employment with ASIS.

Mr Samuels directed that the Commonwealth pay the former officer's legal costs of the arbitration. However, the former officer has been in receipt of Commonwealth financial assistance for those costs, and for his costs of the Commission of Inquiry.

Bob McMullan Acting Minister for Foreign Affairs - Parliament House, Canberra, ACT 2600; Tel: (06) 277 7420; Fax: (06) 273 4128 Further information: Margot Marshall, (06) 277 7500