Barratt v Howard [1999] FCA 1132

Barratt v Howard [1999] FCA 1132

The applicant is entitled to procedural fairness before the Prime Minister makes a recommendation for termination of the appointment under s 37(11) of the Public Service Act 1922, as the statute does not exclude the common law rules of natural justice and the power impacts the individual's rights and legitimate expectations.

Jurisdiction
Australia
Judgment Date
19 August 1999
Procedural Posture
Application for Administrative Law Relief / Judgment at First Instance
Outcome
Declaration in favour of applicant – entitled to procedural fairness before any recommendation for termination is made
Legal Topics
['procedural Fairness' 'natural Justice' 'termination of Employment' 'statutory Discretion' 'legitimate Expectations' 'public Service Act 1922']
['administrative Law' 'employment Law' 'public Service Law'] ['procedural Fairness' 'natural Justice' 'termination of Employment' 'statutory Discretion' 'legitimate Expectations' 'public Service Act 1922']

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Procedural Posture

Application for Administrative Law Relief / Judgment at First Instance

Legal Issues

  1. 1 ['Whether the applicant was entitled to procedural fairness prior to termination of appointment as Secretary to the Department of Defence' 'Whether the power to terminate under s 37(5) of the Public Service Act 1922 can only be exercised for cause']

Ratio Decidendi

The applicant is entitled to procedural fairness before the Prime Minister makes a recommendation for termination of the appointment under s 37(11) of the Public Service Act 1922, as the statute does not exclude the common law rules of natural justice and the power impacts the individual's rights and legitimate expectations.

Court Disposition

Declaration in favour of applicant – entitled to procedural fairness before any recommendation for termination is made

Orders

  • ['Applicant to bring in short minutes of order to give effect to the conclusion']