Coutts v Commonwealth [1985] HCA 40

High Court of Australia Mason A.C.J. Wilson, Brennan, Deane and Dawson JJ. Coutts v Commonwealth [1985] HCA 40

ORDER Appeal dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

1985, June 20 Mason A.C.J.

I would allow the appeal for the reasons given by Deane J., subject only to the qualification that in my opinion no obligation to conform to the rules of natural justice can arise when the power to dismiss at pleasure is exercised for discretionary reasons independently of reg. 628(1).

Wilson J.

The deceased was appointed to be an officer in the Royal Australian Air Force on 19 April 1971 with the rank of Pilot Officer. He was promoted to Flying Officer in April 1972 and to Flight Lieutenant in October 1974. Although Australian Government Gazette No. 30 of 9 April 1974 (pp. 12-13) records his appointment to a permanent commission with the rank of Flying Officer from 15 March 1974, it would seem that the effect of reg. 45(1AA) of the Air Force Regulations ("the Regulations") is that his commission shall be deemed to date from 19 April 1971. He served at the air force bases at Amberley in Queensland, Butterworth in Malaysia and East Sale in Victoria before being posted in May 1979 to an administrative position at the Edinburgh base in South Australia. By letter dated 26 October 1979 the Senior Medical Officer at the base advised the deceased as follows:

MEMBER'S STATEMENT — REVIEW OF MEDICAL FITNESS

Your medical fitness and employment standard are to be formally considered. The purpose of this Statement is to provide you with an opportunity to comment on the effect of your medical disability on your medical fitness for referral to PMO/DGFHS (Principal Medical Officer/Director General Air Force Health Services) and/or the Employment Standard Committee.