Federal Court of Australia
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JUDGMENT No. lA A BS.
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CATCHWORDS
ADMINISTRATIVE LAW - Judicial review - Commonwealth Teaching Service - Creation of position within a component of that Service - Transfer of officer holding a position in that component to the newly created position - Whether transferred officer is "a person who is aggrieved" by the decisions to create position and effect his transfer - Whether decision to create position an improper exercise of the power conferred by the enactment in pursuance of which 1t was purported to be made in that the power was exercised
for a purpose other than a purpose for which the power was conferred.
Administrative Decisions (Judicial Review) Act 1977 (Cth), ss.5(1)(e) and 5(2)(c)
Commonwealth Teaching Service Act 1972 (Cth), ss.6, 7, 19, 20, 25, 27
NEIL QUINN v. ROBERT NORMAN ALLEN
No. ACT G 63 of 1987
Neaves J.
1 February 1988
Canberra
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IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY
GENERAL BIVISTON
) ) ) ) No. ACT G 63 of 1987 ) ) }
BETHEEN : NEIL QUINN Applicant AND: ROBERT NORMAN ALLEN Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER : Neaves Jd.
DATE OF ORDER
WHERE MADE
1 February 1988
: Canberra
THE COURT ORDERS THAT:
i.
The decisions made by the respondent to create position number 4210, Teacher (TAFE) Band 3,
Canberra College of Technical and Further Education and to transfer the applicant to that position be set aside.
It be declared that the applicant remains the occupant of position number 4201, Teacher, Band 3 (TAFE), Head of School of Applied Science, Canberra College of Technical and Further Education.
It be declared that the provisional promotion of Keith Pantlin to the said position number 4201, which was notified in Commonwealth of Australia Gazette No. PS 18 of 31 May 1987, is ineffectual.
The respondent be restrained from confirming the said provisional promotion or from promoting to the
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