Barratt v Howard [2000] FCA 190

Barratt v Howard [2000] FCA 190

Procedural fairness applies to the termination of Secretaries under s 37(5) of the Public Service Act 1922 (Cth), requiring that the Secretary be informed of the grounds for the proposed recommendation and given a reasonable opportunity to respond. Termination need not be limited to situations of proven fault or incapacity; a Minister's loss of trust and confidence, if grounded in the statutory purpose of efficient and proper administration, is a sufficient basis. There is no requirement in the statute or by procedural fairness to provide further particulars beyond the notice of such grounds.

Jurisdiction
Australia
Judgment Date
10 March 2000
Procedural Posture
Appeal / Judgment on Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeals dismissed
Legal Topics
['procedural Fairness' 'natural Justice' 'termination of Public Office' 'fixed Term Appointments' 'ministerial Trust and Confidence' 'statutory Interpretation' 'legitimate Expectation']
['administrative Law' 'employment Law' 'public Service Law'] ['procedural Fairness' 'natural Justice' 'termination of Public Office' 'fixed Term Appointments' 'ministerial Trust and Confidence' 'statutory Interpretation' 'legitimate Expectation']

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Procedural Posture

Appeal / Judgment on Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 ['Whether procedural fairness is required before terminating the appointment of a Secretary under the Public Service Act 1922 (Cth) s 37' "Whether termination requires proof of fault, incapacity, or other 'cause shown' on the Secretary's part" 'Whether a general loss of ministerial trust and confidence is a sufficient ground for termination under the Act' 'Whether Mr Barratt was entitled to further particulars of the assertion that the Minister had lost trust and confidence in him']

Ratio Decidendi

Procedural fairness applies to the termination of Secretaries under s 37(5) of the Public Service Act 1922 (Cth), requiring that the Secretary be informed of the grounds for the proposed recommendation and given a reasonable opportunity to respond. Termination need not be limited to situations of proven fault or incapacity; a Minister's loss of trust and confidence, if grounded in the statutory purpose of efficient and proper administration, is a sufficient basis. There is no requirement in the statute or by procedural fairness to provide further particulars beyond the notice of such grounds.

Court Disposition

Appeals dismissed

Orders

  • ['The appeals be dismissed.' "The appellant pay the respondents' costs of the appeals."]