Federal Court of Australia
CATCHWORDS
ADMINISTRATIVE LAW - Judicial review - Commonwealth employee - Declaration that employee eligible for redeployment on the ground of physical or mental incapacity to perform his duties - Certificate that employee should be retired on medical grounds - Decision that employee be retired with effect from date medical officer certified him permanently unfit for duty ~ Application to review decision as to date
of effect of retirement.
Administrative Decisions (Judicial Review) Act 1977 (Cth),
s.5
Commonwealth Employees (Redeployment and Retirement) Act
1979 (Cth), ss.9, 14, 19
KENNETH GEORGE BISHOP v. NGAIRE MARGARET BRYAN
No. ACT G 55 of 1987
Neaves J. 9 August 1988
Canberra
RECEIVED 15 AUG 1988
FEDERAL COURT AUSTRALIA, OF
PRINCIPA REGISTRY
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IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY
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GENERAL DIVISTON
SETWEEN : KENNETH GEORGE BISHOP
Applicant AND: NGAIRE MARGARET BRYAN
Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER : Neaves J. DATE OF ORDER : 9 August 1988 WHERE MADE : Canberra
THE COURT ORDERS THAT:
1. The application be dismissed.
2. The applicant pay the respondent's costs of the application.
Note: Settlement and entry of orders is dealt with in Order 36 or the Federal Court Rules.
so ae
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
)
)
)
») No. ACT G 55 of 1987 DISTRICT REGISTRY ) ) )
GENERAL DIVISTON
' BETWEEN : KENNETH GEORGE BISHOP
Applicant AND: NGAIRE MARGARET BRYAN
Respondent
CORAM: Neaves Jd.
DATE: 9 August 1988
REASONS FOR JUDGMENT
Prior to its repeal on 20 July 1987, the Commonwealth
Employees (Redeployment and Retirement) Act 1979 (Cth) ("the
CE(RR) Act") provided a mechanism whereby an officer within the
meaning of the Public Service Act 1922 employed in a Department
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