Fisher, William Norman & Ors v Gaisford, Alastair John [1997] FCA 590

Fisher, William Norman & Ors v Gaisford, Alastair John [1997] FCA 590

The temporary suspension of the respondent's security clearance was a serious decision with immediate employment consequences and achieved the Department's objective of denying him access to sensitive information until completion of the review. In the circumstances, including the age of many concerns, the Department's unhurried approach, and the broad range of allegations raised at a late Friday interview, procedural fairness required that the respondent be given a meaningful opportunity, including an adjournment if necessary, to answer the matters of concern before the decision was made. The later opportunity to provide information could not cure the denial of procedural fairness. The...

Jurisdiction
Australia
Judgment Date
26 June 1997
Procedural Posture
Appeal in Proceedings Under the Administrative Decisions (judicial Review) Act 1977 (cth) Concerning Decisions to Suspend a Security Clearance and Suspend an Employee From Duty / Appeal From a Judge of the Federal Court of Australia
Outcome
Appeal dismissed.
Legal Topics
['natural Justice' 'procedural Fairness' 'security Clearance' 'interim Administrative Decisions' 'opportunity to Be Heard' 'national Security']
['administrative Law' 'employment Law'] ['natural Justice' 'procedural Fairness' 'security Clearance' 'interim Administrative Decisions' 'opportunity to Be Heard' 'national Security']

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Procedural Posture

Appeal in Proceedings Under the Administrative Decisions (judicial Review) Act 1977 (cth) Concerning Decisions to Suspend a Security Clearance and Suspend an Employee From Duty / Appeal From a Judge of the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the temporary suspension of the respondent's security clearance was a decision requiring procedural fairness before it was made." 'Whether the respondent was given a proper opportunity to answer the matters of concern relied on before the suspension decision was made.' 'Whether national security considerations justified only a minimal opportunity to be heard in the circumstances.' 'Whether any opportunity after the suspension decision to provide further information could cure deficiencies in procedural fairness.']

Ratio Decidendi

The temporary suspension of the respondent's security clearance was a serious decision with immediate employment consequences and achieved the Department's objective of denying him access to sensitive information until completion of the review. In the circumstances, including the age of many concerns, the Department's unhurried approach, and the broad range of allegations raised at a late Friday interview, procedural fairness required that the respondent be given a meaningful opportunity, including an adjournment if necessary, to answer the matters of concern before the decision was made. The later opportunity to provide information could not cure the denial of procedural fairness. The...

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.' "The appellants pay the respondent's costs of and incidental to the appeal, to be taxed in default of agreement."]