Panagopoulos, Christina v The Secretary, Department of Veterans' Affairs & Ors [1995] FCA 887

CATCHWORDS ADMINISTRATIVE LAW - Administrative Appeals - appeal from decision of Secretary of Department of Veteran Affairs and from decision of Redeployment and Retirement Appeal Committee - Public Service Act 1922 - retirement decision under s 76W of Public Service Act 1922 - decision to retire officer on inefficiency grounds - whether warning adequate under certified agreement - procedural fairness - whether principles of procedural fairness should apply under "streamlined" procedures - whether officer entitled to be informed of case against her and be given an opportunity to be heard - whether unreasonable delay amounts to "serious defect" - whether use of inefficiency procedures for disciplinary reasons amounts to "serious defect" - whether counselling in accordance with certified agreement - whether failure to provide documents which were taken into account amounts to serious non-compliance - whether Redeployment and Retirement Appeal Committee applied correct test - whether appeal to Redeployment and Retirement Appeal Committee "cured" defects at first instance. PUBLIC SERVICE - Public Service Act 1922 - retirement of officer - whether "inefficient" - whether non-compliance with procedures - effect - whether strict compliance with procedures mandatory. NATURAL JUSTICE - whether grounds need to be specified in detail - failure to provide documents - reasonable expectations - appeal - whether "cured" defects in decision appealed from. Public Service Act 1992 (Cth), Division 6, ss 55 to 66, Division 8c ss 76S to 76Z Merit Protection (Australian Government Employees) Act 1984 (Cth) s 39(5), s 42(1), s 42(5) Administrative Decisions (Judicial Review) Act 1977 (Cth) Industrial Relations Act 1988 (Cth) s 4 Certified Industrial Agreement; "Improving Productivity Jobs and Pay in the Australian Public Service 1992-1994 Agreement". Etherton v NSW Public Service Board [1983] 3 NSWLR 297 Kioa v West (1985) 159 CLR 550 Cole v Cunningham (1983) 49 ALR 123 Colpitts v Australian Telecommunications Commission (1986) 9 FCR 52