Perri, Michael v Rossall, Terrance Richard & Ors [1983] FCA 11

Perri, Michael v Rossall, Terrance Richard & Ors [1983] FCA 11

The Promotions Appeal Committee erred in failing to supply to the applicant the substance of the case in favour of the provisional promotee and to provide relevant departmental reports and correspondence concerning the nature of the position, thereby breaching the requirements of natural justice. This justified setting aside the decision.

Parties
Applicant: Michael Perri; First Respondent: Terence Richard Rossall; First Respondent: Michael Hill; First Respondent: Nicholaas Henry Van Weelden; Second Respondent: Robert William Cole; Second Respondent: Robert John Young; Second Respondent: John Vincent Monaghan
Jurisdiction
Australia
Judgment Date
04 February 1983
Procedural Posture
Application for Judicial Review / Judgment After Hearing
Outcome
Application allowed; decision set aside
Legal Topics
Judicial Review of Administrative Decisions, Public Service Promotions Appeal, Procedural Fairness, Natural Justice
Administrative Law Employment Law Public Service Law Judicial Review of Administrative Decisions Public Service Promotions Appeal Procedural Fairness Natural Justice

Case Brief

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Parties

Michael Perri

Applicant

Terence Richard Rossall

First Respondent

Michael Hill

First Respondent

Nicholaas Henry Van Weelden

First Respondent

Robert William Cole

Second Respondent

Robert John Young

Second Respondent

John Vincent Monaghan

Second Respondent

Procedural Posture

Application for Judicial Review / Judgment After Hearing

Legal Issues

  1. 1 Whether the Promotions Appeal Committee failed to provide the applicant with the substance of the case for the provisional promotee
  2. 2 Whether the Committee failed to give the applicant the opportunity to be heard on the change in characterisation of the position
  3. 3 Whether the Promotion Appeals Committee erred in departing from the duty statement as advertised

Ratio Decidendi

The Promotions Appeal Committee erred in failing to supply to the applicant the substance of the case in favour of the provisional promotee and to provide relevant departmental reports and correspondence concerning the nature of the position, thereby breaching the requirements of natural justice. This justified setting aside the decision.

Court Disposition

Application allowed; decision set aside

Orders

  • The decision of the first respondents sitting as a Promotions Appeal Committee under the Public Service Act 1922 made on 18 December 1981 disallowing the applicant's appeal against the provisional promotion of Ian Douglas Meek to position No. 9 Nature Conservation Evaluation Section of the Australian National Parks...
  • The decision of the second respondents made on 18 December 1981 confirming the provisional promotion of Ian Douglas Meek to the said position be set aside.