Turner, J. v. Linkenbagh, M. & Ors [1994] FCA 746

JUDGMENT No. sco Qnna! 2 Lone

CATCHWORDS

ADMINISTRATIVE LAW - Judicial review - Public Service - Employee convicted of criminal offences - Disciplinary proceedings based on convictions - Direction that employee be dismissed - Appeal to Disciplinary Appeal Committee - Dismissal set aside and direction for counselling substituted - Decision based on finding that Department had adopted lesser standard of conduct than that Committee asked to adopt in relation to employee - Lesser standard said to arise from circumstance that Department employed and continued to employ employee with knowledge of earlier criminal record and employed employee while disciplinary process in train - Whether relevant considerations - Whether onus on Department to show its interests could only be served by dismissal

PUBLIC SERVICE - Employee under Public Service Act 1922 (Cth) employed in branch of Public Service comprising persons required for conduct of public administration of the Government of the Australian Capital Territory - Disciplinary action taken against employee - Judicial review of decision of Disciplinary Appeal Committee - Legislative changes prior to hearing of judicial review proceedings resulting in establishment of Australian Capital Territory Government Service - Employment under Public Service Act ceased by operation of statute - Statute providing employee taken to be employed in Australian Capital Territory Government Service - Transitional provisions - Whether transitional provisions sufficient to warrant treating direction for dismissal from employment under Public Service Act as direction for dismissal

from employment in Australian Capital Territory Government Service

JOHN TURNER v MARIA LINKENBAGH, MARGARET BATESON and HERBERT KRUEGER constituting a Disciplinary Appeal Committee established under the Merit Protection (Australian Government Employees) Act 1984 (Cth) and ANOR