Bercove, Abraham v Hermes, C.L. & Ors [1983] FCA 170

Bercove, Abraham v Hermes, C.L. & Ors [1983] FCA 170

Admission by the Board of evidence given to a Royal Commission in camera did not breach natural justice or constitute an error of law as the Board is not a 'court' for purposes of s.6DD Royal Commissions Act, and it had discretion to admit relevant evidence; based on evidence before it, the Board was entitled to find the applicant guilty of improper conduct, as involvement in an escort agency business perceived by the public to be associated with prostitution brings the Public Service into disrepute.

Parties
Applicant: Abraham Bercove; First Respondent: C.L. Hermes, A.C.C. Menzies, J.T. Howard (members constituting the Disciplinary Appeal Board); Second Respondent: Public Service Board; Third Respondent: The Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
29 July 1983
Procedural Posture
Judicial Review Application / Judgment and Orders
Outcome
application dismissed with costs
Legal Topics
Natural Justice, Self Incrimination, Admissibility of Evidence, Disciplinary Proceedings
Administrative Law Public Service Law Natural Justice Self Incrimination Admissibility of Evidence Disciplinary Proceedings

Case Brief

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Parties

Abraham Bercove

Applicant

C.L. Hermes, A.C.C. Menzies, J.T. Howard (members constituting the Disciplinary Appeal Board)

First Respondent

Public Service Board

Second Respondent

The Commonwealth of Australia

Third Respondent

Procedural Posture

Judicial Review Application / Judgment and Orders

Legal Issues

  1. 1 Whether denial of natural justice occurred by admitting evidence from a Royal Commission given in camera
  2. 2 Whether it was an error of law to admit self-incriminating evidence
  3. 3 Whether the Disciplinary Appeal Board is a 'court' for purposes of s.6DD Royal Commissions Act

Ratio Decidendi

Admission by the Board of evidence given to a Royal Commission in camera did not breach natural justice or constitute an error of law as the Board is not a 'court' for purposes of s.6DD Royal Commissions Act, and it had discretion to admit relevant evidence; based on evidence before it, the Board was entitled to find the applicant guilty of improper conduct, as involvement in an escort agency business perceived by the public to be associated with prostitution brings the Public Service into disrepute.

Court Disposition

application dismissed with costs

Orders

  • The application be dismissed with costs.