D'ARCY v DIRECTOR-GENERAL OF SCHOOL EDUCATION [1994] NSWCA 76

D'ARCY v DIRECTOR-GENERAL OF SCHOOL EDUCATION SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, MEAGHER and POWELL JJA

1 November 1994, 11 November 1994

[1994] NSWCA 76

JUDICIAL REVIEW OF ORDERS MADE BY GREAT

JUDICIAL REVIEW OF ORDERS MADE BY GREAT — open to Tribunal to make challenged findings — no Wednesbury unreasonableness — orders within power and appropriate.

The appellant sought judicial review of orders made by the Government and Related Employment Appeals Tribunal which included an order that she undergo a medical examination. Held: (1) on the evidence before the Tribunal it was open to the Tribunal to make the findings it did and there was no Wednesbury unreasonableness; (2) the orders made by the Tribunal were within power and appropriate and sensibly directed to an effort to obtain a better understanding of the appellant's behaviour.

ORDER

Proceedings dismissed with costs.

Priestley JA In these proceedings Ms M. D'Arcy has sought judicial review of orders made by the Government and Related Employees Appeal Tribunal (the Tribunal) when deciding an appeal she had taken to the Tribunal against the decision of the Director-General of the Department of School Education to dismiss her from employment as a maths teacher at Bankstown Senior College.

Ms D'Arcy, while employed at the college, was on 6 May 1993 charged with breaches of discipline and suspended. Ms D'Arcy denied the charges and a formal Disciplinary Inquiry was held. Oral evidence was taken at the Inquiry from a number of teachers at the college and from Ms D'Arcy herself.

The Prescribed Officer who conducted the Inquiry found the charges proved. He recommended to the Director-General that Ms D' Arcy be allowed to resign. The Director-General accepted that recommendation and directed Ms D' Arcy's resignation. She did not comply with the direction and was dismissed on 1 November 1993.