Federal Court of Australia
_ JUDGMENT NO, senacdtOs Stt IN THE FEDERAL COURT OF AUSTRALIA SOUTH ISTRICT REGISTRY
G DIVISIO
BETWEEN : JOAN MARGARET HERE THY Applicant
- AND: MINISTER FOR FOREIGN AFFAIRS & ORS
Respondents
EXTEMPORE REASONS FOR JUDGEMENT
CORAM: WILCOX J, DATE: 16 NOVEMBER 1984 PLACE: SYDNEY
There is before the Court an application made under the
Administrative Decisions (Judicial Review) Act 1977 whereby the
applicant seeks a review of certain decisions made by the respondents in relation to her employment at the International Training Institute at Mosman, conducted by the Australian
Development Assistance Bureau.
The applicant was appointed to the position of lecturer grade 2 at the Institute for a fixed term, namely, from 30 March
1981 to 30 March 1983; but, according to the letter of appointment, this was subject to the provisions of 3.82 of the Public Service Act, which section deals with temporary employees.
2.
It appears that late in the year 1982 contentions arose between various members of the staff at the Institute resulting
'in some incident involving the applicant and Mrs June Whittaker, who is another member of the staff. It is not necessary, for the purposes of the present decision, to go into the merits of the dispute or to attempt to determine who was at fault. However. as a@ result of what happened, and possibly as a result of other matters as well, a view seems to have been formed by the Principal of the college, Mr L R Heron, the fifth respondent, that it would be in the interests of the Institute if Dr Herlihy
did not continue at the Institute after the expiration of her
current term.
At that time there were advertisements seeking applications for a position - or perhaps more than one position - at the college which Dr Herlihy was interested in obtaining and she made application. The evidence indicates that as a result of the view taken by Mr Heron, her application was not considered. Subsequently it was decided that Dr Herlihy would leave the college at the end of the year 1982. There is some dispute as to the circumstances of that decision and, in particular, whether this was the result of a voluntary
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