Clement v Australian Bureau of Statistics [2016] FCA 948

Clement v Australian Bureau of Statistics [2016] FCA 948

The applicant's claim was founded solely on the Public Interest Disclosure Act 2013 (Cth), but the only disclosures relied on were alleged to have occurred in 1991. By s 26(2), disclosures made before commencement of s 26 are not public interest disclosures. The applicant's statutory construction and constitutional challenges were without merit, and the alleged acts or omissions in or before 1994 could not logically have been motivated by a belief or suspicion that she made a disclosure in or after 2014. The deficiency was incurable, so the proceeding had no reasonable prospects of success and was without reasonable cause from the outset.

Jurisdiction
Australia
Judgment Date
12 August 2016
Procedural Posture
Application for Compensation Under S 14 of the Public Interest Disclosure Act 2013 (cth) / Respondents' Interlocutory Application for Summary Judgment Under S 31 a of the Federal Court of Australia Act 1976 (cth) and Applicant's Interlocutory Application for Joinder
Outcome
Judgment given against the applicant; applicant's interlocutory application dismissed; applicant ordered to pay the respondents' costs.
Legal Topics
['summary Judgment' 'no Reasonable Prospects of Success' 'public Interest Disclosure Compensation for Reprisals' 'commencement Date for Public Interest Disclosures' 'notice Under S 78 B of the Judiciary Act 1903 (cth)' 'costs']
['practice and Procedure' 'public Service' 'employment and Industrial Relations' 'constitutional Law'] ['summary Judgment' 'no Reasonable Prospects of Success' 'public Interest Disclosure Compensation for Reprisals' 'commencement Date for Public Interest Disclosures' 'notice Under S 78 B of the Judiciary Act 1903 (cth)' 'costs']

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Procedural Posture

Application for Compensation Under S 14 of the Public Interest Disclosure Act 2013 (cth) / Respondents' Interlocutory Application for Summary Judgment Under S 31 a of the Federal Court of Australia Act 1976 (cth) and Applicant's Interlocutory Application for Joinder

Legal Issues

  1. 1 ['Whether the applicant had no reasonable prospects of successfully prosecuting her claim for compensation under the Public Interest Disclosure Act 2013 (Cth).' 'Whether disclosures alleged to have been made in 1991 could be public interest disclosures within s 26 of the Public Interest Disclosure Act 2013 (Cth).' 'Whether s 26(2) of the Public Interest Disclosure Act 2013 (Cth) was invalid or unconstitutional.' 'Whether s 31A of the Federal Court of Australia Act 1976 (Cth) offended the separation of powers.' 'Whether notice under s 78B of the Judiciary Act 1903 (Cth) was required.' 'Whether costs should be ordered against the applicant under s 18 of the Public Interest Disclosure Act 2013 (Cth).']

Ratio Decidendi

The applicant's claim was founded solely on the Public Interest Disclosure Act 2013 (Cth), but the only disclosures relied on were alleged to have occurred in 1991. By s 26(2), disclosures made before commencement of s 26 are not public interest disclosures. The applicant's statutory construction and constitutional challenges were without merit, and the alleged acts or omissions in or before 1994 could not logically have been motivated by a belief or suspicion that she made a disclosure in or after 2014. The deficiency was incurable, so the proceeding had no reasonable prospects of success and was without reasonable cause from the outset.

Court Disposition

Judgment given against the applicant; applicant's interlocutory application dismissed; applicant ordered to pay the respondents' costs.

Orders

  • ['Judgment be given against the applicant pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth).' 'The interlocutory application filed by the applicant on 10 June 2016 be dismissed.' "The applicant pay the respondents' costs."]