DUNN V. THE COMMONWEALTH OF AUSTRALIA AND ANOTHER

ORIGINAL ©

IN THE HIGH COURT OF AUSTRALIA.

REASONS FOR JUDGMENT. MR. JUSTICE WILLIAMS

Delivered at...

40358 A. H. Periven, Aorta Govr. Parr,

Me

DUNN v

THE COMMONWEALTH OF AUSTRALIA AND ANOTHER'

Judgment . Williams J.

The plaintiff's claim is that the

'appointment of the defendant Hanlon by the Governor-General

on 28th March last to be one of the Commissioners of the Australian Broadcasting Commission was a breach of sec.117 of the Australian Soldiers Repatriation Act 1920-1943. The Commission, which is a body consisting of five Commissioners, was incorporated by the Australian Broadcasting Act 1942. Sec.117 provides, so fer as material, that notwithstanding

anything contained in any law of the Commonwealth . ee

preference shall, in the appointment of persons to the public service of the Commonwealth or to the service of an authority of the Commonwealth, be given to persons who have been members ; of the forces and have served outside Australia ..... - and

who are competent for the work required.

It is admitted that at all material times' the plaintiff was a member of the forces who had served outside Australia, that Hanlon never was such a member, and that, there being a vacancy on the body, the plaintiff duly applied to be appointed to the vacancy but that Hanlon was appofinted. The only question of fact not comered by the admissions is whether the plaintiff was competent to do the work required. The defendants did not admit his competency, put did not dispute it and made no objection to the plaintiff tendering paragraphs 1 and 7 of his affidavit of 9th April 1945 and did not cross examine the plaintiff on these para- graphs. The Australian Broadcasting Commission Act does not

expressly require the Commissioners to have any special qualifications; the powers and functions are not such that such qualificatiogs can be implied so that the military, political and business experience to which the plaintiff deposes in these paragraphs is sufficient, I think, to prove that he is competent to do the work required.