Excell, Valma Irene v Harris, Lyell James & Ors [1983] FCA 279

CATCHWORDS

Administrative Law - Judicial Review ~ Commonwealth

Teaching Service - Australian Capital Territory Schools component - Extension of time to institute proceedings - Recommendation by Advisory Selection Panel that officer perform temporarily duties of an office of higher classi- fication ~ Whether a decision subject of review - Instru- ment (including rules, regulation or by-laws) under an Act - Whether Personnel Policy and Procedures Manual such an instrument - Decision that officer perform temporarily duties of an office of higher classification ~ Whether officer had power to make that decision - Relevant matters to be taken into consideration in selecting officer for temporary transfer - Whether a promotion or transfer within

s. 27 of the Commonwealth Teaching Service Act 1972 -

Whether appeal to Promotions Appeal Board open - Whether Promotions Appeal Board observed rules of natural justice -

Discretion whether to grant relief.

Administrative Decisions (Judicial Review) Act 1977

Commonwealth Teaching Service Act 1972

Schools Authority Ordinance 1976 Commonwealth Functions (Statutes Review) Act 1981 Part VLIIL

No. ACT G28 of 1983 VALMA IRENE EXCELL v. Lyell James Harris & Ors.

CORAM: Neaves J. 18 October 1983 .

Canberra.

IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY

DISTRICT REGISTRY GENERAL DIVISION

BETWEEN :

JUDGE MAKING ORDER: WHERE MADE: DATE:

) ' ) No. ACT G28 of 1983 ) ) )

VALMA IRENE EXCELL Applicant LYELL JAMES HARRIS, RONALD ALLAN PAGE and SUSAN MARY HUDSON First Respondents

JOHN FRANCIS MORROW, SUSAN RUSSELL and JAMES AIKMAN STODDARD

Second Respondents

GREGORY ARTHUR HANCOCK

Third Respondent

AUSTRALIAN CAPITAL TERRITORY

SCHOOLS AUTHORITY

Fourth Respondent MAX JOHN WOODWARD

Fifth Respondent ROSEMARY WALSH

Sixth Respondent ~

ORDER

Neaves J

Canberra

18 October 1983