Federal Court of Australia
.
JUDGMENT No. 2647.3.
CATCHWORDS
administrative law - judicial review - bu ervyice - review oar decision that public servant céasea m6 ger yevyicus duties and temporarily perform ather duties - whet temporary manpower requirement must 2x15t For regulations 3 peemit making of dicections - whether ragulations permit ma q oor dicections hat officer péertorm temporarily certain duties for indefinite period. Administrative Decisions «Judicial Paview: Ach 1977
Public Service Act 1922 - ss. 5, 7, 27, 42, 43413, 43¢1,, 37A, 37 Public Service Regulations - Reg. lis
Federal Court Rules - Order 29 Rule 2
BRIAN FRANCES HALE vy. 3S.B. BATLEY, REGIONAL OTRECTOR, DEPARTMENT OF PRIMARY INDUSTRY, SOUTH AUSTRALIS AND AOR.
Jenkinson J. Melbourne
L December, 1937
as ALQISTAY
SPA COURT OB FeO STRALIA PRINCIPAL
—
Seen ead , aa
Lee
mn et ee ee
IN THE FEDERAL COURT OF AUSTRALIA )
VICTORIA DISTRICT REGISTRY ) No. VG172 of 19987 GENERAL DIVISION )
BETWEEN: BRIAN FRANCIS HALE
Applicant AND: 5.8. BAILEY, REGIONAL DIRECTOR, _ DEPARTMENT OF PRIMARY INDUSTRY, SOUTH AUSTRALIA and G.L. MILLER, SECRETARY, DEPARTMENT OF
PRIMARY INDUSTRY, CANBERRA
Respondents
CORAM: Jenkinson J.
DATE: l December, 1387
REASONS FOR JUDGMENT
Hearing of questions, within the meaning of thak word in
Order 29, 1n an application for an order of review in respect of
an administrative aecision.
On 25 March 1987 the first~named respondent decided to direct the applicant to perform the duties of a particular office in the Australian Public Service, of which they have at all material times been officers. That is the decision in respect of which an order of review is sought. The source of power to give such a direction suggested by the respondents is Regulation 116 of
the Public Service Regulations, as in force at the time the
direction was given. At that time Regulation 116(1) was in these
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