Buonopane, John v Secretary, Dept Employment, Education & Youth Affairs & Ors [1998] FCA 1128

FEDERAL COURT OF AUSTRALIA ADMINISTRATIVE LAW – Australian Public Service – Authorized officer empowered to charge officer if of opinion that officer may have failed to fulfil duty – Inquiry into charge to be held by officer appointed by Secretary – No formal hearing required, but officer at liberty to furnish statement and make oral submission – Where inquiring officer satisfied that charge made out penalty may be imposed, including dismissal from service – Authorized officer empowered to investigate allegations of misconduct against officer – Whether restricted to existing allegations – Whether officer entitled to particulars of allegations before authorized officer lays charges – Whether inquiring officer accorded procedural fairness at inquiry stage – Whether decision making process in its entirety fair to officer. Public Service Act 1922 ss 61, 62. Ansell v Brewster (unreported, Neaves J, 12 May 1992) applied Collector of Customs (NSW) v Brian Lawlor Automotive Pty Ltd (1979) 24 ALR 307 distinguished Kelly v Watson (1985) 64 ALR 113 distinguished Rees v Crane [1994] 2 AC 173 distinguished Brettingham‑Moore v Municipality of St Leonards (1969) 121 CLR 509 applied Twist v Randwick Municipal Council (1976) 136 CLR 106 applied Heatley v Tasmanian Racing and Gaming Commission (1977) 137 CLR 487 mentioned Dixon v The Commonwealth (1981) 55 FLR 34 mentioned Edelsten v Health Insurance Commission (1990) 96 ALR 673 applied Wiseman v Borneman [1971] AC 297 mentioned Furnell v Whangarei High Schools Board [1973] AC 660 mentioned South Australia v O'Shea (1987) 163 CLR 378 mentioned Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 mentioned

JOHN BUONOPANE v THE SECRETARY OF THE DEPARTMENT OF EMPLOYMENT, EDUCATION AND YOUTH AFFAIRS, JUDITH BOWMAN, SHERYL LEWIN and DAVID ARTHUR BRADLEY VG 127 OF 1998 SUNDBERG J 9 SEPTEMBER 1998 MELBOURNE