Griffiths v Rose [2011] FCA 30

Griffiths v Rose [2011] FCA 30

The policy applied to the laptop and prohibited using it to view pornography. The direction was lawful and reasonable: the laptop was Commonwealth property, the Department had a legitimate interest in regulating its use, and Mr Griffiths had been warned that ICT use could be monitored. On the facts, Spector360's collection of evidence of the prohibited use did not breach s 16 of the Privacy Act 1988 (Cth), general law privacy rights, or Article 17 of the International Covenant on Civil and Political Rights. Ms Rose's breach findings were not invalid, and the challenges to Mr Pettifer's sanction decision based on apprehended bias, jurisdictional error, relevant considerations, Wednesbury...

Jurisdiction
Australia
Judgment Date
31 January 2011
Procedural Posture
Application Challenging Findings of Breach of the Australian Public Service Code of Conduct and Proposed Termination of Employment / Final Judgment
Outcome
The application was dismissed with costs.
Legal Topics
['termination of Employment' 'australian Public Service Code of Conduct' 'unauthorised Use of Computer Equipment' 'lawful and Reasonable Directions' 'privacy Act 1988 (cth)' 'international Covenant on Civil and Political Rights Art 17' 'apprehended Bias' 'wednesbury Unreasonableness']
['industrial Law' 'administrative Law' 'privacy Law' 'public Service Employment'] ['termination of Employment' 'australian Public Service Code of Conduct' 'unauthorised Use of Computer Equipment' 'lawful and Reasonable Directions' 'privacy Act 1988 (cth)' 'international Covenant on Civil and Political Rights Art 17' 'apprehended Bias' 'wednesbury Unreasonableness']

Case Brief

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Procedural Posture

Application Challenging Findings of Breach of the Australian Public Service Code of Conduct and Proposed Termination of Employment / Final Judgment

Legal Issues

  1. 1 ['Whether the Departmental laptop was an ICT facility covered by the policy prohibiting access to pornography' 'Whether the direction not to use the laptop to view pornography was lawful having regard to s 16 of the Privacy Act 1988 (Cth)' 'Whether the direction was reasonable having regard to asserted general law privacy rights' 'Whether the direction was reasonable having regard to Article 17 of the International Covenant on Civil and Political Rights' 'Whether the direction protected a legitimate interest of the Commonwealth' 'Whether Ms Rose could find a breach of the Code of Conduct based on information obtained through Spector360' 'Whether there was a reasonable apprehension of bias concerning Mr Pettifer' 'Whether any legal error by Ms Rose deprived Mr Pettifer of authority to determine sanction' 'Whether Mr Pettifer failed to take into account a relevant consideration' 'Whether the termination decision was unreasonable in the Wednesbury sense' "Whether Mr Pettifer took into account an irrelevant consideration by considering Mr Griffiths' honesty"]

Ratio Decidendi

The policy applied to the laptop and prohibited using it to view pornography. The direction was lawful and reasonable: the laptop was Commonwealth property, the Department had a legitimate interest in regulating its use, and Mr Griffiths had been warned that ICT use could be monitored. On the facts, Spector360's collection of evidence of the prohibited use did not breach s 16 of the Privacy Act 1988 (Cth), general law privacy rights, or Article 17 of the International Covenant on Civil and Political Rights. Ms Rose's breach findings were not invalid, and the challenges to Mr Pettifer's sanction decision based on apprehended bias, jurisdictional error, relevant considerations, Wednesbury...

Court Disposition

The application was dismissed with costs.

Orders

  • ['The application be dismissed.' "The applicant pay the third respondent's costs."]