Bohills v Friedman [2001] FCA 569

Bohills v Friedman [2001] FCA 569

Decision of the Disciplinary Appeal Committee to find the charge against the applicant proven and confirm the penalty was an improper exercise of power, given reliance on irrelevant and prejudicial material supplied prior to hearing; such a decision must be set aside and the matter referred for further consideration by a differently constituted committee.

Jurisdiction
Australia
Judgment Date
17 May 2001
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application granted; decision of DAC set aside
Legal Topics
['natural Justice' 'reasonable Apprehension of Bias' 'judicial Review' 'improper Exercise of Power' 'irrelevant Consideration' 'public Service Disciplinary Appeals']
['administrative Law' 'public Service Law'] ['natural Justice' 'reasonable Apprehension of Bias' 'judicial Review' 'improper Exercise of Power' 'irrelevant Consideration' 'public Service Disciplinary Appeals']

Case Brief

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Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether provision of prejudicial material to a Disciplinary Appeal Committee prior to hearing gives rise to a reasonable apprehension of bias' "Whether waiver occurred through express statement of confidence in tribunal's ability to act properly" 'Whether committee took into account irrelevant consideration in making its decision']

Ratio Decidendi

Decision of the Disciplinary Appeal Committee to find the charge against the applicant proven and confirm the penalty was an improper exercise of power, given reliance on irrelevant and prejudicial material supplied prior to hearing; such a decision must be set aside and the matter referred for further consideration by a differently constituted committee.

Court Disposition

Application granted; decision of DAC set aside

Orders

  • ['Decision of the Disciplinary Appeal Committee dated 6 March 2000 be set aside.' 'Matter referred to the Merit Protection and Review Agency for further consideration by a differently constituted Disciplinary Appeal Committee.' "Second respondent to pay applicant's costs of the proceeding."]