Potter, Kim Susan v Australian Capital Territory [1997] FCA 968

FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW - termination of appellant's employment as Administrative Service Officer Class 2 in the Australian Capital Territory - whether termination unlawful - whether the employment was excluded from Division 3 of Part VIA of the Industrial Relations Act 1988 (Cth) by reg 30B of the Industrial Relations Regulations - whether the employment was probationary - whether the relevant maximum probationary period was twelve months (as stated in the appellant's letter of appointment) or two years, in accordance with s 47 of the Public Sector Act 1922 (Cth) and/or s 70 of the Public Sector Management Act 1994 (ACT) - whether a maximum period of two years probation was determined in advance - whether two years probation was reasonable, having regard to the nature and circumstances of the employment Public Sector Management (Consequential and Transitional Provisions) Act 1994 (ACT) Public Sector Management Act 1994 (ACT) s 70 Public Service Act 1922 (Cth) s 47 Industrial Relations Regulations reg 30B Fischer v Commonwealth (1995) 63 IR 401, applied Director General of Education v Cuttling (1987) 162 CLR 427, applied KIM SUSAN POTTER v AUSTRALIAN CAPITAL TERRITORY ACT I 1016 of 1997 WILCOX, MARSHALL and NORTH JJ MELBOURNE 17 SEPTEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ) ACT I 1016 of 1997 ) GENERAL DIVISION )

ON APPEAL FROM A SINGLE JUDGE OF THE

INDUSTRIAL RELATIONS COURT OF AUSTRALIA

BETWEEN: KIM SUSAN POTTER

Appellant

AND: AUSTRALIAN CAPITAL TERRITORY

Respondent

JUDGES: WILCOX, MARSHALL and NORTH JJ DATE OF ORDER: 17 SEPTEMBER 1997 WHERE MADE: MELBOURNE