O'Connor, C.R. v. Burnett, C. & Ors [1987] FCA 480

ie]

mae

&

-.

JUDGMENT No. ABO Z smmmmman

CATCHWORDS,

ADMINISTREATIVE LAW - Judicial Review - Commonwealth Teaching Service - Application for order of review in respect of decision of Promotions Appeal Board - Decision arrived at by majority - Members of Board, including dissenting member, named individually as separate respondents - Whether proceeding improperly constituted as to parties - Whether Board should have been joined as a respondent by that name - Discussion of appropriate course to be adopted in similar cases.

ADMINISTRATIVE LAW - Judicial review - Commonwealth Teaching Service - Provisional promotion of applicant - Multiple appeals - Promotions Appeal Board determining three appellants to he preferred to applicant for promotion - Formal documents recording that determination signed - Further deliberations by the Board to determine which of the three appellants should be promoted - Whether Board functus officio.

ADMINISTRATIVE LAW - Judicial review - Commonwealth Teaching Service - Application for order of review in respect of decision of Promotions Appeal Board - Whether there had been a failure by the Board to fulfil its statutory duty to make full inguiry into the claims of the applicant and an appellant - Whether Board failed to take into account relevant considerations - Whether unreasonable exercise of power.

ADMINISTRATIVE LAW - Judicial review - Commonwealth Teaching Service - Application for order of review in respect of decision of Promotions Appeal Board - Bias - Expression of opinion on question of policy by Chairman of Board at private function - Comment by Chairman during Board's deliberations in relation to conduct of the applicant - Allegation that Chairman had prejudged applicant's case - Whether reasonable apprehension that Chairman might not bring an impartial and wunprejudiced mind to the decision-making process - Failure of applicant to take objection as soon as reasonably practicable.