Colpitts, B. v. Australian Telecommunications Commission Colpitts, B. v. Guilfoyle, D.H. & Ors [1986] FCA 1

CATCHWORDS

ADJR Application - Compulsory retirement of employee under s.56 of the Telecommunications Act 1975 - Natural justice - Whether regulations constituting review tribunal are valid - Meaning of "review" - Statutory interpretation, word taken in legal sense - Whether valid provision by regulation for review is an implied condition of the statutory power to retire - Whether provision for review by a tribunal without power to alter the decision, having power only to recommend, dispenses with right to natural justice in respect of the original decision - Whether the exercise of such a right of review deprives the applicant of the right to complain thereafter of denial of natural justice in respect of the original decision - Whether natural justice must be accorded when the original decision 1s re-considered upon recommendation of the reviewing tribunal - Nature of administrative review and fresh evidence - Receipt by tribunal of additional material not disclosed to the applicant.

Administrative Decisions (Judicial Review) Act 1977, s.5 Telecommunications Act 1975, s.56

Ashfield Municipal Council v. Joyce £19783 AC 122 Council of Civili Service Unions v. Minister for the Civil Service

£1985] 1 AC 374 Browne v. Commissioner for Railways (1935) 36 SR(NSW) 21

Calvin v. Carr £19801 AC 574

Twist v. Randwick Municipal Council (1976) 136 CLR 106 Ridge v. Baldwin £1964] AC 40

Q''Rourke v. Miller (1985) 59 ALJR 421

Drake v. Minister for Immigration (1979) 24 ALR 577

Sullivan v. Department of Transport (1978) 20 ALR 323 Kioa v. West, Full High Court, unreported, 18/12/85.

Daganayasi v. Minister of Immigration (1980) 2 NZLR 130

In re Pergamon Press Ltd. (19713 1 Ch 388 Kanda _v. Government of Malaya £19621 AC 322

The Commissioner of Police v. Tanos (1958) 98 CLR 383

BRIAN COLPITTS -V- AUSTRALIAN TELECOMMUNICATIONS COMMISSION BRIAN COLPITTS -V- DANTEL HENRY GUILFOYLE & ORS.