Dr Cynthia Hand is the owner of a Rainbow Lorikeet (Trichoglossus haematodus) named “Fred.” She acquired Fred while she was living in Western Australia and studying veterinary science. When Dr Hand left Australia in March 2007 and returned to her home in the United States of America she wished to take Fred with her. On 26 March 2007 Dr Hand applied to the Minister for the Environment, Heritage and the Arts for a permit under the Environment Protection and Biodiversity Conservation Act 1999, to export Fred to the United States. The Minister’s delegate refused to grant Dr Hand a permit on 11 May 2008. Dr Hand applied to this Tribunal for review of that decision.
The rainbow lorikeet is both a "regulated native specimen", and also a "CITES specimen" under the Act. The Administrative Appeals Tribunal, though, determined that there were special circumstances relating primarily to the bird's neurological deficits and separation anxiety, such that a permit to export should be granted.