Regan, Edward John v Australian Protective Service, Attorney-General's Department & Ors [1998] FCA 1002

Regan, Edward John v Australian Protective Service, Attorney-General's Department & Ors [1998] FCA 1002

The court found that there was no breach of natural justice in refusing the adjournment as the applicant had proper notice and elected to be represented by his brother; nor did the conduct alleged at the hearing or the Committee's handling of it amount to a reasonable apprehension of bias. Accordingly, the grounds for judicial review failed.

Parties
Applicant: Edward John Regan; First Respondent: Commonwealth of Australia (substituted for Australian Protective Service, Attorney General's Department); Second Respondent: Disciplinary Appeal Committee constituted by Mr Boris Budak (Convenor), Mr Larry Goodall (Member), Ms Miriam Williamson (Member)
Jurisdiction
Australia
Judgment Date
13 August 1998
Procedural Posture
Judicial Review Application / Final Judgment at First Instance
Outcome
Application dismissed; applicant ordered to pay respondents' costs.
Legal Topics
Natural Justice, Judicial Review, Bias, Public Sector Discipline
Administrative Law Employment Law Natural Justice Judicial Review Bias Public Sector Discipline

Case Brief

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Parties

Edward John Regan

Applicant

Commonwealth of Australia (substituted for Australian Protective Service, Attorney General's Department)

First Respondent

Disciplinary Appeal Committee constituted by Mr Boris Budak (Convenor), Mr Larry Goodall (Member), Ms Miriam Williamson (Member)

Second Respondent

Procedural Posture

Judicial Review Application / Final Judgment at First Instance

Legal Issues

  1. 1 Whether refusal to adjourn disciplinary committee hearing constituted a breach of natural justice
  2. 2 Whether conduct at the hearing gave rise to a reasonable apprehension of bias

Ratio Decidendi

The court found that there was no breach of natural justice in refusing the adjournment as the applicant had proper notice and elected to be represented by his brother; nor did the conduct alleged at the hearing or the Committee's handling of it amount to a reasonable apprehension of bias. Accordingly, the grounds for judicial review failed.

Court Disposition

Application dismissed; applicant ordered to pay respondents' costs.

Orders

  • Australian Protective Service, Attorney General's Department cease to be a party and the Commonwealth of Australia be added as first respondent in its place.
  • Application dismissed.