Bolwell, D.W. v Australian Telecommunication Commission [1982] FCA 64

Bolwell, D.W. v Australian Telecommunication Commission [1982] FCA 64

The Australian Telecommunications Commission, while carrying on an industry and employing persons in industrial work, is a statutory agency and an emanation of the Crown. There is no express or necessarily implied statutory provision removing the Crown's immunity from penal liability under s.5 of the Conciliation & Arbitration Act 1904. Consequently, the Commission is not bound by s.5 in the penal sense, and the information must be dismissed.

Parties
Informant: Dain Wesley Bolwell; Defendant: Australian Telecommunications Commission
Jurisdiction
Australia
Judgment Date
25 March 1982
Procedural Posture
Industrial Law Information Under Statute / Judgment on Preliminary Point and Dismissal
Outcome
Information dismissed on the basis of Crown immunity.
Legal Topics
Crown Immunity, Statutory Corporations, Dismissal and Prejudice to Employee, Conciliation and Arbitration, Meaning of 'industry' and 'employer', Liability of the Crown
Industrial Law Administrative Law Crown Immunity Statutory Corporations Dismissal and Prejudice to Employee Conciliation and Arbitration Meaning of 'industry' and 'employer' Liability of the Crown

Case Brief

Summary, issues, holding and outcome

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Parties

Dain Wesley Bolwell

Informant

Australian Telecommunications Commission

Defendant

Procedural Posture

Industrial Law Information Under Statute / Judgment on Preliminary Point and Dismissal

Legal Issues

  1. 1 Whether the Australian Telecommunications Commission is the Crown or an agency/emanation of the Crown for the purposes of s.5 of the Conciliation & Arbitration Act 1904
  2. 2 Whether the Commission is liable to prosecution under s.5 for alleged injury to an employee by reason of union activity
  3. 3 Whether statutory provisions remove or preserve the immunity of the Crown in respect of penal liability under s.5

Ratio Decidendi

The Australian Telecommunications Commission, while carrying on an industry and employing persons in industrial work, is a statutory agency and an emanation of the Crown. There is no express or necessarily implied statutory provision removing the Crown's immunity from penal liability under s.5 of the Conciliation & Arbitration Act 1904. Consequently, the Commission is not bound by s.5 in the penal sense, and the information must be dismissed.

Court Disposition

Information dismissed on the basis of Crown immunity.

Orders

  • The information dated 31 August 1981 be dismissed.