Federal Court of Australia
CATCHWORDS
Administrative Law - Appeal from Supreme Court of Australian Capital Territory - Public Service Board - Suspension of
officer pending inquiries pursuant to Public Service Act, 1922
s.62(1) - Cessation of payment of salary pursuant to s.62(3) of the Act - Dismissal of officer pursuant to s.62(2) of the
Act.
Nature of statutory power conferred under s.62 of the Act - power affecting rights, property or legitimate expectations of a person - Rules of natural justice - Exclusion or modification of the rules of natural justice by statutory
power
Audi Alteram Partem Rule - Adequacy of hearing re suspension
and dismissal
Public Service Act, 1922 ss.55, 62
Crimes Act, 1914 s.19B
(No. 32 of 1979)
Coram: Bowen C.J., Deane and Kelly JJ.
Date: ap AL
Place: Cdnberra.
' IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
No. 32 of 1979 REGISTRY
ew
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: LEONARD ALBERT DIXON
Appellant AND: THE COMMONWEALTH OF AUSTRALIA Firstnamed Respondent * AND: JOHN CASEY TAYLOR Secondnamed Respondent AND: ROBERT JOHN YOUNG Thirdnamed Respondent AND: ROBERT WILLIAM COLE Fourthnamed Respondent AND: ARTHUR ROBERT PALMER Fifthnamed Respondent ORDER JUDGES MAKING ORDER: Bowen C.J., Deane and Kelly JJ. DATE OF ORDER: / 4 h; SOS WHERE MADE: Canberra
THE COURT ORDERS:
1. THAT the appeal be allowed. 2. THAT there be added to the declaration made in the
Supreme Court of the Australian Capital Territory
-2-
the following:
(1) THAT it be declared that the purported
suspension of the appellant pursuant to the provisions of s.62(1) of the
Act was invalid and ineffectual, and
(i2) THAT 1t be declared that the purported
dismissal of the appellant pursuant to the provisions of s.62(2) of the
Act was invalid and ineffectual.
3. THAT the order for costs be set aside and in lieu thereof it be ordered that the respondents pay the costs of the appellant in the Supreme Court and before
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