Lee, T.J. v. Jacka, H. & Anor [1994] FCA 705

JUDGMENT No. 20S. 24

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CATCHWORDS

PUBLIC SERVICE - tenure of office - notification of redundancy - decision that applicant be retired almost three years later

- whether decision beyond power because power not exercised within reasonable period

Public Service Act 1922 (Cth), s.76W, s.76X Administrative Decisions (Judicial Review) Act 1977 (Cth)

Reid v Moreland Timber Co. Pty. Ltd. (1946) 73 CLR 1, 13

INDUSTRIAL LAW - whether matter within jurisdiction of Federal Court or Industrial Relations Court - no accrued or associated jurisdiction - need for legislative amendment

Terrence John Lee v Harvey Jacka and Commonwealth of Australia

No. G196 of 1994

Beaumont J Sydney 5 October 1994

PRINCIPAL Reastry

HE FEDERAL RT _ OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION

No. G196 of 1994

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BETWEEN: TERRENCE HN Applicant

AND: HARVEY JACKA First respondent

COMMONWEALTH OF AUSTRALIA

Second respondent CORAM: BEAUMONT J. DATE: 5 OCTOBER 1994 PLACE: SYDNEY

MINUTES OF ORDER

THE COURT ORDERS:

1. Declare that the decision of the first respondent made on 28 September 1993 purporting to retire the applicant from the Australian Public Service was invalid.

2. Order that the respondents pay the applicant's costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA H_ W. DISTRICT REGISTRY

GENERAL DIVISION

No. G196 of 1994

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BETWEEN: TERREN'! LEE Applicant

AND: HARVEY JACKA First respondent

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AUSTRALIA Second respondent

CORAM: BEAUMONT J.

DATE: 5 OCTOBER 1994

REASONS FOR JUDGMENT

INTRODUCTION

The first respondent, the Executive Director of the Australian Geological Survey Organisation ("AGSO"), purported to retire the applicant, Dr Lee, from the Commonwealth Public Service as from 27 October 1993, pursuant to s.76W(1) of the