Velasco, Billy Pizarro v Carpenter, Phillip [1997] FCA 598

Velasco, Billy Pizarro v Carpenter, Phillip [1997] FCA 598

The application failed because the inquiry was only in its formative stages, no prejudicial event had occurred, and the material did not show any likelihood of an actual or threatened denial of natural justice. The apprehended bias ground also failed because the asserted hierarchical link between the respondent, Ms McClean and Mr McCarthy was tenuous and remote, with no cogent and rational link showing a capacity to influence the respondent's decision.

Jurisdiction
Australia
Judgment Date
24 June 1997
Procedural Posture
Application Under the Administrative Decisions (judicial Review) Act (1977) (cth) for Injunctions Restraining the Further Conduct of a Public Service Inquiry / Ex Tempore Reasons for Judgment and Final Orders
Outcome
Application dismissed.
Legal Topics
['natural Justice' 'procedural Fairness' 'apprehended Bias' 'public Service Disciplinary Inquiry']
['administrative Law' 'public Service Law'] ['natural Justice' 'procedural Fairness' 'apprehended Bias' 'public Service Disciplinary Inquiry']

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Procedural Posture

Application Under the Administrative Decisions (judicial Review) Act (1977) (cth) for Injunctions Restraining the Further Conduct of a Public Service Inquiry / Ex Tempore Reasons for Judgment and Final Orders

Legal Issues

  1. 1 ['Whether the respondent had indicated that he proposed to conduct the inquiry in breach of the rules of natural justice.' 'Whether the hierarchical relationship between the respondent, Mr McCarthy and Ms McClean could give rise to a reasonable apprehension that the respondent might not bring an impartial and unprejudiced mind to the inquiry.']

Ratio Decidendi

The application failed because the inquiry was only in its formative stages, no prejudicial event had occurred, and the material did not show any likelihood of an actual or threatened denial of natural justice. The apprehended bias ground also failed because the asserted hierarchical link between the respondent, Ms McClean and Mr McCarthy was tenuous and remote, with no cogent and rational link showing a capacity to influence the respondent's decision.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs of and incidental to the application, including reserved costs."]