Dunstan v Farr [1999] FCA 1551

Dunstan v Farr [1999] FCA 1551

The provisional decisions challenged by the applicant were not amenable to judicial review under the ADJR Act, as they were not final operative determinations. The substantive decision of 5 August 1999 was lawfully made; the decision-maker was entitled to have regard to the nature of alleged offences and public service considerations and did not fail to consider relevant psychiatric evidence.

Jurisdiction
Australia
Judgment Date
12 November 1999
Procedural Posture
Judicial Review Application / Judgment
Outcome
Application dismissed
Legal Topics
['judicial Review of Administrative Decisions' 'hardship Payment to Suspended Public Servants' 'relevance of Considerations in Administrative Discretion']
['administrative Law' 'employment Law' 'public Service Law'] ['judicial Review of Administrative Decisions' 'hardship Payment to Suspended Public Servants' 'relevance of Considerations in Administrative Discretion']

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Procedural Posture

Judicial Review Application / Judgment

Legal Issues

  1. 1 ["Whether the delegate's decisions concerning cessation of salary and hardship payments to the applicant are amenable to judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth)" 'Whether the decision-maker took into account irrelevant considerations or failed to take into account relevant considerations in exercising discretion under the Public Service Act 1922 (Cth)']

Ratio Decidendi

The provisional decisions challenged by the applicant were not amenable to judicial review under the ADJR Act, as they were not final operative determinations. The substantive decision of 5 August 1999 was lawfully made; the decision-maker was entitled to have regard to the nature of alleged offences and public service considerations and did not fail to consider relevant psychiatric evidence.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.' "The applicant pay fifty per cent of the respondents' costs of this application."]