R v Australian Stevedoring Industry Board; Ex parte Melbourne Stevedoring Co Pty Ltd [1953] HCA 22

High Court of Australia Dixon C.J. Williams, Webb, Fullagar and Taylor JJ. R v Australian Stevedoring Industry Board; Ex parte Melbourne Stevedoring Co Pty Ltd [1953] HCA 22

ORDER Order absolute for a writ of prohibition prohibiting the respondent the Australian Stevedoring Industry Board and the respondent Neil from cancelling or suspending the registration of the prosecutor as an employer under the Act in pursuance of the inquiry pending before the respondent Neil.

Cur. adv. vult.

The following written judgments were delivered:—

April 30 Dixon C.J., Williams, Webb and Fullagar JJ.

This is an order nisi for a writ of prohibition directed to the Australian Stevedoring Industry Board and Harold Gibson Neil, Local Representative and Delegate of the Board. The prosecutors are the Melbourne Stevedoring Company Proprietary Limited, and they seek a writ prohibiting the board and its delegate from proceeding further with an inquiry commenced on 24th October 1952 into the fitness of the company to continue to be registered as an employer and into the question whether the company has acted in a manner whereby the proper performance of stevedoring operations has been interfered with. The inquiry which it is sought to prohibit was based upon s. 23 (1) of the Stevedoring Industry Act 1949. Section 23 (1) provides that where, after such inquiry as it thinks fit, the Stevedoring Industry Board is satisfied that an employer (a) is unfit to continue to be registered as an employer, (b) has acted in a manner whereby the proper performance of stevedoring operations has been interfered with, or (c) has committed an offence against the Act, the board may cancel his registration, or may suspend his registration for such period as it thinks fit.

Any of the powers or functions of the board may be delegated by the board (s. 11) and apparently its powers and functions under s. 23 (1) have been delegated to the respondent Neil. One of the powers of the board is to establish in respect of a port, and to maintain, a register of employers at that port: s. 20. The board has established a register of employers for Melbourne. The company had been registered under previous legislation as an employer and so went on the board's register. s. 5 (3) (b). Section 28 provides that a person, whether on his behalf or as agent or servant of another person, shall not, except with the consent of the board, engage a person for employment as a waterside worker for work on a wharf or ship at a port at which a register of employers of waterside workers is established unless the first-mentioned person is registered as an employer under the Act. Unless an employer was registered under previous legislation, his registration lies within the discretion of the board.