Cox, Edmund John v Lightly, Edward Stanley & Ors [1983] FCA 126

Cox, Edmund John v Lightly, Edward Stanley & Ors [1983] FCA 126

Notwithstanding the applicant's withdrawal of his application for a particular vacancy, the Promotion Appeals Board was required to hear and determine the pending appeals against the applicant's promotion to the rank of Inspector as notified; the Board's failure to do so was contrary to its statutory duty, and the matter should be remitted for determination according to law.

Parties
Applicant: Edmund John Cox; First Respondent: Edward Stanley Lightly; First Respondent: Robert Ivan Pight; First Respondent: Lionel John Claydon; Second Respondent: John Charles Johnson, Acting Commissioner of the Australian Federal Police
Jurisdiction
Australia
Judgment Date
01 July 1983
Procedural Posture
Judicial Review Application / Final Judgment
Outcome
Application granted
Legal Topics
Judicial Review of Administrative Decisions, Promotion Within Australian Federal Police, Appeals Against Promotion, Interpretation of the Australian Federal Police Act 1979, Administrative Decisions (judicial Review) Act 1977
Administrative Law Employment Law Judicial Review of Administrative Decisions Promotion Within Australian Federal Police Appeals Against Promotion Interpretation of the Australian Federal Police Act 1979 Administrative Decisions (judicial Review) Act 1977

Case Brief

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Parties

Edmund John Cox

Applicant

Edward Stanley Lightly

First Respondent

Robert Ivan Pight

First Respondent

Lionel John Claydon

First Respondent

John Charles Johnson, Acting Commissioner of the Australian Federal Police

Second Respondent

Procedural Posture

Judicial Review Application / Final Judgment

Legal Issues

  1. 1 Whether the Promotion Appeals Board failed to perform its duty to hear and determine appeals against the applicant's promotion to Inspector under the Australian Federal Police Act 1979 and Regulations
  2. 2 Whether withdrawal of an application for a particular vacancy prevents the Board from hearing the appeal
  3. 3 The extent of the Board's duty to make full inquiries in promotion appeals

Ratio Decidendi

Notwithstanding the applicant's withdrawal of his application for a particular vacancy, the Promotion Appeals Board was required to hear and determine the pending appeals against the applicant's promotion to the rank of Inspector as notified; the Board's failure to do so was contrary to its statutory duty, and the matter should be remitted for determination according to law.

Court Disposition

Application granted

Orders

  • A Promotion Appeals Board constituted in accordance with sub-section 20(4) of the Australian Federal Police Regulations is to hear and determine according to law the appeals lodged against the selection for promotion to the rank of Inspector of Edmund John Cox as notified in the Australian Federal Police Gazette of...
  • The second respondent is to pay the costs of the applicant of and incidental to this application.