Monckton v Commonwealth [1920] HCA 3

C.L.R. OF AUSTRALIA. 149

{HIGH COURT OF AUSTRALIA.]

©) TPLSITOLS ES ES Se Se ey ee ; AGAINST

'THE COMMONWEALTH . . . .. . Derenpant.

_ Public Service of Commonwealth—V acancy—A ppointment—Examination—Register H.C. or A. é of persons qualified for appointment—Action against Commonwealth—Cause of 1990, action—Bar to action—Appeal to Board—Commonwealth Public Service Act = ps 1902-1918 (No. 5 of 1902—No. 46 of 1918), sec. 50—Commonwealth Public Mexnourne, Service Regulations 1913-1914 (Statutory Rules 1913, No. 341-—Statutory Rules Feb, 19.

1914, No. 157), regs. 205, 219, 226, 227, 229.

Knox OJ.,

Reg. 205 et seqg. of the Commonwealth Public Service Regulations provide for Gavun'Dufty, the holding of competitive examinations for the purpose of determining the Rich and persons from among whom appointments will be made to vacancies which

may occur in the Public Service. Reg. 227 provides that "The Commissioner

will cause the names of all candidates up to twice the estimated number of

new appointments, who have qualified for appointment by passing the required

standard of examination for the advertised positions, to be entered in their

order of merit in a book, to be called the ' Register of persons qualified for appointment.' "? Reg. 229 provides that "New appointments in the Pro-

fessional and Clerical Divisions shall be made from among those persons

whose names are registered in the ' Register of persons qualified for appoint-

ment,' according to the order of their registration, and in the General Division

according to their registration for vacant offices, combined with fitness in

each case for the particular office to be filled."

The plaintiff, who was a member of the Commonwealth Public Service, brought an action against the Commonwealth, alleging that, it having been notified in the Commonwealth Gazette that an examination open to members of the Service would be held for the purpose of filling vacancies arising during the ensuing eighteen months in offices of a certain class, and that appointments would be made from among the successful candidates in order of merit, the plaintiff passed the examination ; that two vacancies which occurred during the period of eighteen months were filled by the appointment of successful