Federal Court of Australia
BERCOVE
CATCHWORDS
Administrative law - judicial review - public servant - improper conduct - evidence given in camera before Royal Commission - evidence self-incriminating - use of evidence in subsequent disciplinary proceedings before Disciplinary Appeal Board - whether denial of natural justice - whether error of law to admit evidence - whether Board a court for purposes of Royal Commissions Act
Administrative Decisions (Judicial Review) Act 1977 ss. 3(3), 5(1)
Public Service Act 1922, ss. 55, 61, 62(6) (b)
Royal Commissions Act 1902, ss. 6, 6DD
ABRAHAM BERCOVE v. C.L. HERMES, Chairman, A.C.C. MENZIES and J.T, HOWARD, members constituting the Disciplinary
Appeal Board: PUBLIC SERVICE BOARD and THE COMMONWEALTH
OF AUSTRALIA
No. W.A. G12 of 1983 Morling J.
29 July 1983
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY No. W.A.G12 of 1983
wee ww
GENERAL DIVISION
BETWEEN: ABRAHAM BERCOVE Appellant AND: C.L. HERMES CHAIRMAN
A.C.C. MENZIES and J.T. HOWARD MEMBERS CONSTITUTING THE DISCIPLINARY APPEAL BOARD
First Respondent
AND: PUBLIC SERVICE BOARD
Second Respondent
AND: THE COMMONWEALTH OF AUSTRALIA
Third Respondent
ORDER
JUDGE MAKING ORDER
Morling J.
DATE OF ORDER 29 July 1983
WHERE MADE : Sydney
THE COURT ORDERS:
The application be dismissed with costs.
a
IN THE FEDERAL COURT OF AUSTRALIA
) ) WESTERN AUSTRALIA DISTRICT REGISTRY ) No. W.A.G12 of 1983 ) )
GENERAL DIVISION
BETWEEN: ABRAHAM BERCOVE Appellant AND: C.L. HERMES CHAIRMAN
A.C.C. MENZIES and J.T. HOWARD MEMBERS CONSTITUTING THE DISCIPLINARY APPEAL BOARD
First Respondent
AND: PUBLIC SERVICE BOARD
Second Respondent
AND: THE COMMONWEALTH OF AUSTRALIA
Third Respondent
MORLING J.
29 Suly 1983
REASONS FOR JUDGMENT
The applicant Mr Abraham Bercove is an officer
included in the Third Division of the Australian Public Service. He is a Senior Legal Officer in the office of the Deputy Crown Solicitor at Perth. On 27 August 1982 the applicant was charged under s.61 of the Public Service Act
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