Federal Court of Australia
CATCHWORDS
Administrative Law - Judicial Review - Evidence given by appellant before Royal Commission received by Disciplinary Appeal Board - Submission Royal Commission Act ultra vires in enabling Commissioner to compel answers - Proceedings before Royal Commissioner stated to be confidential :- Whether breach of rules of natural justice to receive such confidential evidence - Privilege against self incrimination considered - Objection not taken before Commissioner - Not
a ground for rejection of the evidence - Whether expert opinion evidence as to the legal professions perception of the appellant's conduct admissible before the Board - Discussion of improper conduct within meaning of s.55 Public Service Act - Board entitled to act on any material logically
probative.
Administrative pelsisions (Judicial Review) Act, 1977 s.5 4, Public Service Act, 1922 ss.55(1)(e), 61, 62, 62(6){(b), 63D(2)
Royal Commissions Act, 1902 Acts Interpretation Act, 1901 s.15A
ABRAHAM BERCOVE v. C.L. HERMES, A.C.C. MENZIES, J.T. HOWARD Members constituting the Disciplinary Appeal Board; PUBLIC SERVICE BOARD: THE COMMONWEALTH OF AUSTRALIA
No. WAG 37 of 1983
Bowen, C.J., Lockhart and Beaumont, JJ. Sydney : 14 November, 1983.
fa
IN THE FEDERAL COURT OF, AUSTRALIA
GENERAL DIVISION
) ) WESTERN AUSTRALIA DISTRICT REGISTRY ) ) ) No. WAG 37 of 1983
BETWEEN ABRAHAM BERCOVE Appellant AND C.L. HERMES, Chairman and
A.C.C. MENZIES and J.T. HOWARD members constituting the , Disciplinary Appeal Board
. a First Respondent
1 * 1
AND » , ' PUBLIC SERVICE BOARD
' Second Respondent
AND THE COMMONWEALTH OF AUSTRALIA
Third Respondent
ORDER Judges making order: Bowen C.J., Lockhart and Beaumont, JJ. vee Date order made: 14 November 1983. Where made: Sydney 1 THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. Abraham Bercove pay to the Commonwealth of
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