Federal Court of Australia
CATCHWORDS
Administrative Law - Judicial Review of administrative
decisions - public service promotions appeal on the ground of superior efficiency - failure of Committee to make full enquiries as the result of notice of a complaint by the applicant of sexual harassment against the Manager of her section - production of complaint by member of the public to applicant in the course of the hearing of the appeal without previous notice to her - whether a breach of the rules of natural justice.
Public Service Act 1522, s.50.
SUZANNE CLARKE v. ANDREW MACINTOSH AND OTHERS
No. G163 of 1983
Coram: Sheppard J. 23 December 1983
Sydney
IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES REGISTRY No. G1i63 of 1983
GENERAL DIVISION
BETWEEN SUZANNE CLARKE Applicant
AND ANDREW MACINTOSH AND OTHERS Respondents ORDER JUDGE MAKING ORDER : Sheppard J.
DATE OF ORDER 23 December 1983
WHERE MADE Sydney
THE COURT ORDERS THAT:
1. The decision of the first, second and third
respondents of 14 April 1983 dismissing the applicant's appeal against the provisional promotion of Lynette Mallory be quashed.
2. The applicant's appeal be dealt with according
to law by a Promotions Appeal Committee constituted by persons other than the first, second and third respondents.
3. The applicant's costs of the application be paid
by the fourth respondent, The Commonwealth of
Australia.
IN _THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES REGISTRY ) No. G163 of 1983
) GENERAL DIVISION )
BETWEEN
SUZANNE CLARKE
Applicant
ANDREW MACINTOSH AND OTHERS
Respondents
CORAM: SHEPPARD J. 23 December 1983
REASONS FOR JUDGMENT
By her amended application in this matter the applicant seeks the review of the decision of the first three respondents who acted as a Promotions Appeal Committee pursuant to s.50 of the Public Service Act 1922. The decision was made on 14 April 1983. The applicant had appealed against the provisional promotion of a Miss Mallory (who is the fifth respondent but who has not appeared in the
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