Director-General, Dept of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102

Reported Decision: 74 NSWLR 523

New South Wales Court of Appeal

CITATION: Director-General, Dept of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 27 April 2009

JUDGMENT DATE: 7 May 2009

JUDGMENT OF: Hodgson JA at 1; Tobias JA at 47; Basten JA at 51

(1) Dismiss the summons seeking judicial review with costs. (2) Allow the appeal and set aside the orders of the Tribunal. DECISION: (3) Remit the matter to the Tribunal for reconsideration of appropriate orders, according to law. (4) Order that the respondent pay one-half of the appellant's costs of the appeal. (5) Grant the respondent a certificate under the Suitors' Fund Act 1951 (NSW).

CATCHWORDS: ADMINISTRATIVE LAW – Appeal to and from administrative tribunal – Government and Related Employees Tribunal Act 1980 – Powers of GREAT on appeal – Appeal from GREAT to Supreme Court – Decision of the Tribunal on a question of law – whether it is sufficient that the Tribunal's decision manifests resolution of a question of law. - PUBLIC SERVICE – Disciplinary action – Public Sector Employment and Management Act 2002, Pt 2.7 – Dismissal from Public Service – Relevant considerations – Distinction between protective and punitive purposes – Relevance of hardship to employee – Whether period of probation can be imposed – Whether Government and Related Employees Appeal Tribunal has wider powers in disposing of an appeal.

Administrative Appeals Tribunal Act 1975 (Cth) s44(1) Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) s 67 Government and Related Employees Tribunal Act 1980 ss 23, 34, 48, 54. LEGISLATION CITED: Income Tax Assessment Act 1936 (Cth), s 196 Public Sector Employment and Management Act 2002, ss 23, 41-46 Supreme Court Act 1970 (NSW) s 69 Transport Appeal Boards Act 1980 s 23