Homes of Peace Incorporated, in the matter of an application for writs of prohibition and writs of certiorari and writs of mandamus v O'Connor [1996] IRCA 146

DECISION NO: 146/96 INDUSTRIAL LAW - Application for PREROGATIVE WRITS - Alleged jurisdictional errors by Australian Industrial Relations Commission - Refusal of single member of Commission to disqualify himself for apprehended bias - Member spoke to the representative of the applicant in chambers before the hearing of award variation application, in order to determine his attitude to simultaneously listing some related applications - Whether a reasonable bystander would apprehend bias - Whether the single member misapprehended his duty in referring to the acting President a request under s.107 of the Industrial Relations Act for reference of the matter to a Full Bench, before determining an application for dismissal under s.111(1)(g) of the Act - Whether the acting President misunderstood the nature or scope of his jurisdiction under s.107 - Whether he applied the wrong test in determining whether to exercise this jurisdiction - Whether his decision was vitiated for failure to give reasons. Re JRL; Ex parte CJL (1986) 161 CLR 342 Re The Australia Bank Employees Union; Ex parte Citicorp Australia Limited (1989) 167 CLR 513 Industrial Relations Act 1988, ss.107, 111(1) and 113(4) IN THE MATTER OF AN APPLICATION FOR WRITS OF PROHIBITION AND WRITS OF CERTIORARI AND WRITS OF MANDAMUS AGAINST: JOHN O'CONNOR, a Commissioner of the Australian Industrial Relations Commission, First Respondent, THE HONOURABLE IAIN JAMES KERR ROSS, a Vice-President of the Australian Industrial Relations Commission, Second Respondent, THE HONOURABLE JUSTICE DEIDRE FRANCES O'CONNOR, President of the Australian Industrial Relations Commission, Third Respondent, THE HONOURABLE JOHN WILLIAM MacBEAN, THE HONOURABLE COLIN GEORGE POLITES and LEONARD HINGLEY, respectively Senior Deputy Presidents and Commissioner of the Australian Industrial Relations Commission, Fourth Respondents, AUSTRALIAN NURSING FEDERATION, Fifth Respondent EX PARTE: HOMES OF PEACE INCORPORATED & OTHERS, Applicants NO. WI95/2209 CORAM: WILCOX CJ, LEE and NORTH JJ PLACE: PERTH DATE: 23 APRIL 1996