Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Goreng Goreng v Jennaway [2007] FCA 2083
ADMINISTRATIVE LAW – Public Service Regulations 1999 (Cth) reg 3.10 – reg 3.10(4) imposes a duty to review a decision to suspend an APS employee under reg 3.10(1) ADMINISTRATIVE LAW – Right to silence – No right exists to have an administrative process stayed simply by reason of parallel criminal proceedings TJANARA GORENG GORENG v STEVE JENNAWAY ACD 51 OF 2007
FLICK J
12 DECEMBER 2007
canberra
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 51 OF 2007
BETWEEN: TJANARA GORENG GORENG
Applicant
AND: STEVE JENNAWAY
Respondent
JUDGE: FLICK J DATE OF ORDER: 12 DECEMBER 2007
WHERE MADE: canberra
THE COURT ORDERS THAT:
1. The Application be dismissed. 2. The Applicant to pay the costs of the Respondent. 3. The Respondent to bring in, within 48 hours, consent orders pursuant to s 50 of the Federal Court of Australia Act 1976 (Cth): a) in relation to pages 73–5 and 79–83 of the Affidavit affirmed by Mr Burke and filed on 12 November 2007; and b) in respect to pages 11, 12 and 15 of the Affidavit of Mr Burke, affirmed on 4 December 2007. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 51 OF 2007
BETWEEN: TJANARA GORENG GORENG
Applicant
AND: STEVE JENNAWAY
Respondent
JUDGE: FLICK J
DATE: 12 DECEMBER 2007
PLACE: canberra
REASONS FOR JUDGMENT 1 The Applicant is an officer of the Commonwealth employed by the then Department of Families, Community Services and Indigenous Affairs. 2 The Application presently before the Court seeks to restrain a review of a decision to suspend the Applicant. 3 At present the Applicant has been suspended with pay. What any future decision may be remains a matter for the future. The present Application is concerned with the "conduct" of the Respondent being engaged in for the purpose of making a decision. 4 The jurisdiction of the Court being invoked is that conferred by s 6 of the Administrative Decisions (Judicial Review) Act 1977 (Cth).
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