Federal Court of Australia
egg
CATCHWORDS
ADMINISTRATIVE LAW - Judicial Review - Rules of Natural
Justice - No opportunity for applicant to submit relevant facts to decision maker - Suitability of applicant for employment - Relevance of applicant's conduct whilst on
leave.
ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT ss.5(1), 16
NAVIGATION ACT 1912 s.45A(9)
WILLIAM JOHN GRAY Vv MARINE COUNCIL (DEPARTMENT OF TRANSPORT AND CONSTRUCTION) Applicant Respondent Fisher J. Adelaide
1 December 1983
IN THE FEDERAL COURT OF AUSTRALIA ) )
SOUTH AUSTRALIA DISTRICT REGISTRY ) No.G39 of 1982
) GENERAL DIVISION )
BETWEEN:
WILLIAM JOHN GRAY
Applicant - and -
MARINE COUNCIL (DEPARTMENT OF TRANSPORT AND CONSTRUCTION)
Respondent ORDER JUDGE MAKING ORDER : Fisher J. WHERE MADE : Adelaide DATE H 1 December 1983
THE COURT ORDERS THAT:
1. The matter to which the decision of the Council concerning the applicant of 24 February 1983 related be referred to the Council for further consideration.
2. The Council be directed to give to the applicant 14 days'
notice of the date, time and place at which such further consideration will be given and the opportunity to place before the Council for its consideration such further Material as he may consider appropriate.
3. Each party be directed to pay his or its own costs of this
application.
iN THE FEDERAL COURT OF AUSTRALIA) ) No.G39 of 1982
SOUTH AUSTRALIA DISTRICT REGISTRY) ) GENERAL DIVISTON )
BETWEEN: WILLIAM JOHN GRAY
Applicant - and -
MARINE COUNCIL (DEPARTMENT OF TRANSPORT AND CONSTRUCTION)
Respondent
1 December 1983
REASONS FOR JUDGMENT
Fisher J. This matter commenced with an application by William John Gray ("the applicant") for an order of review of a decision
of the Marine Council (Department of Transport and Construction)
("the Council") made on 21 October 1982 pursuant to s.45A(9) of the Navigation Act 1912 ("the Act"). A decision was made on this
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