The Queen v Wilson, Roy Alfred Ex Parte Donaldson, Robert Alexander George [1977] FCA 120

The Queen v Wilson, Roy Alfred Ex Parte Donaldson, Robert Alexander George [1977] FCA 120

Section 45(2)(a) of the Police (Disciplinary Provisions) Ordinance 1972 conferred on the Commissioner a statutory disciplinary power to dismiss a member of the Police Force after conviction, and was not a delegation of any Crown power to dismiss at pleasure. Properly construed in context, that power affected a valuable office and livelihood, involved a choice among sanctions, and was not accompanied by language excluding procedural fairness. The Commissioner was therefore obliged to give Donaldson an opportunity to be heard before dismissing him; because no such opportunity was given, certiorari was properly granted and the appeal failed.

Jurisdiction
Australia
Judgment Date
21 December 1977
Procedural Posture
Appeal From Order Making Absolute a Writ of Certiorari / Appeal to the Federal Court of Australia From the Supreme Court of the Australian Capital Territory
Outcome
Appeal dismissed with costs.
Legal Topics
['natural Justice' 'procedural Fairness Before Dismissal' 'crown Power to Dismiss Servants at Pleasure' 'construction of Police (disciplinary Provisions) Ordinance 1972 S.45' 'certiorari']
['administrative Law' 'employment in Public Service' 'police Discipline'] ['natural Justice' 'procedural Fairness Before Dismissal' 'crown Power to Dismiss Servants at Pleasure' 'construction of Police (disciplinary Provisions) Ordinance 1972 S.45' 'certiorari']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal From Order Making Absolute a Writ of Certiorari / Appeal to the Federal Court of Australia From the Supreme Court of the Australian Capital Territory

Legal Issues

  1. 1 ["Whether Police (Disciplinary Provisions) Ordinance 1972 s.45(2)(a) delegated to the Commissioner the Crown's power to dismiss servants at pleasure." 'Whether the respondent was entitled to be afforded natural justice, including an opportunity to be heard, before the Commissioner dismissed him under s.45(2)(a).' 'Whether the legislative scheme excluded the common law requirement of natural justice before dismissal under s.45(2)(a).']

Ratio Decidendi

Section 45(2)(a) of the Police (Disciplinary Provisions) Ordinance 1972 conferred on the Commissioner a statutory disciplinary power to dismiss a member of the Police Force after conviction, and was not a delegation of any Crown power to dismiss at pleasure. Properly construed in context, that power affected a valuable office and livelihood, involved a choice among sanctions, and was not accompanied by language excluding procedural fairness. The Commissioner was therefore obliged to give Donaldson an opportunity to be heard before dismissing him; because no such opportunity was given, certiorari was properly granted and the appeal failed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The Appeal be dismissed with costs.']