Bonner, Dennis John v McAuley, Len & Ors [1983] FCA 253

Bonner, Dennis John v McAuley, Len & Ors [1983] FCA 253

The appropriate organization to nominate a member of the Promotions Appeal Board under s.50(2)(b)(ii) of the Broadcasting and Television Act 1942 is determined by which organization is most suited, having regard to factors including the relevance of expertise, representation, and activity for the specific occupational group concerned. The A.P.E.A. is the appropriate organization for engineering positions, not the broader ABC Staff Association. The Chairman's decision was therefore invalid and must be set aside.

Parties
Applicant: Dennis John Bonner; First Respondent: Len McAuley; Second Respondent: D. Prior; Third Respondent: Peter Knevitt; Fourth Respondent: Australian Broadcasting Commission Staff Association
Jurisdiction
Australia
Judgment Date
30 September 1983
Procedural Posture
Judicial Review Application / Final Judgment
Outcome
Application granted in part; decision set aside; declaration made; adjournment on costs.
Legal Topics
Judicial Review, Promotion Appeals, Constitution of Appeal Boards, Statutory Interpretation
Administrative Law Employment Law Judicial Review Promotion Appeals Constitution of Appeal Boards Statutory Interpretation

Case Brief

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Parties

Dennis John Bonner

Applicant

Len McAuley

First Respondent

D. Prior

Second Respondent

Peter Knevitt

Third Respondent

Australian Broadcasting Commission Staff Association

Fourth Respondent

Procedural Posture

Judicial Review Application / Final Judgment

Legal Issues

  1. 1 Whether the Chairman of the Australian Broadcasting Commission Promotions Appeal Board correctly selected the Australian Broadcasting Commission Staff Association as the 'appropriate organization' to nominate a Board member under s.50(2)(b)(ii) of the Broadcasting and Television Act 1942
  2. 2 Whether the Association of Professional Engineers, Australia is the appropriate organization for nomination under the Act

Ratio Decidendi

The appropriate organization to nominate a member of the Promotions Appeal Board under s.50(2)(b)(ii) of the Broadcasting and Television Act 1942 is determined by which organization is most suited, having regard to factors including the relevance of expertise, representation, and activity for the specific occupational group concerned. The A.P.E.A. is the appropriate organization for engineering positions, not the broader ABC Staff Association. The Chairman's decision was therefore invalid and must be set aside.

Court Disposition

Application granted in part; decision set aside; declaration made; adjournment on costs.

Orders

  • The decision of the Chairman of the Australian Broadcasting Commission Promotions Appeal Board selecting the ABC Staff Association as the nominating organization is set aside.
  • A declaration is made that the appropriate organization within the meaning of s.50(2)(b)(ii) of the Broadcasting and Television Act 1942 is the Association of Professional Engineers, Australia.