McMahon, A.J. v Brown, D.R. & Ors [1986] FCA 389

' f c

- CATCHWORDS Commonwealth Public Service - promotion of officer to advertised vacancy - duties of office advertised incorrectiv - applicant qiven incorrect list of duties - applicant also given correct list of duties - whether proceedings before Promotion Appeal

Committee miscarried because the duties of the office were to be

reqarded as those incorrectly advertised - whether applicant

accorded procedural fairness - whether Appeal Committee properly

applied legislative provisions defining the expression "relative

efficiency", the qareater "efficiencv" of the officer making the

appeal being the only relevant consideration - whether Committee

qave equal weight to each of the applicable matters in the

definition of "efficiency" - whether the Committee imposed an

onus of proof or persuasion upon the applicant.

Merit Protection (Australian Government Emplovees) Act 1984,

6, 7, 9, 10, 37. Public Service Act 1922, ss. 27, 50, SOA, 50B, 5OD.

ANTHONY JOHN McMAHON v. DAVID REGINALD BROWN and ORS.

1 | No. G185 of 1986 Kei

, core lat toe Coram: Sheppard J. 'fe 1S seas. Pedls Date : 12 September 1986 eS "SOE Coun cs ann OT AALIA 1 Opa Place: Svdnev \ Mansy

IN_THE FEDERAL COURT OF AUSTRALIA. 3

NEW SOUTH WALES DISTRICT REGISTRY No. G185 of 1986

GENERAL DIVISION

BETWEEN : ANTHONY JOHN McMAHON

Applicant

DAVID REGINALD BROWN and ORS.

Respondents

CORAM: SHEPPARD J. DATE : 12 SEPTEMBER 1986

REASONS FOR JUDGMENT

HIS HONOUR: This is an application for judicial review pursuant to s. 5 of the Administrative Decisions (Judicial Review) Act 1977, The application seeks the review of the decision of the first three respondents as members of a Promotion Appeal Committee to disallow an appeal by the applicant aaainst the promotion of Mr. P.R. Gentle who is the fourth respondent. In the application the ground relied upon was that the decision involved errors of law. In argument reliance was placed additionally ona submission that. because of certain matters