Higgins, Agnes Sheila v D. Craig & ors [1984] FCA 81

Higgins, Agnes Sheila v D. Craig & ors [1984] FCA 81

The Court held that there was no reasonable apprehension of bias arising from Mr Craig’s appointment to the Promotions Appeal Committee. Neither his prior association with the professional body nor his professional contact with other individuals involved in the proceedings, nor any of the matters collectively, would cause a fair-minded observer to reasonably apprehend that he might not bring an impartial and unprejudiced mind to the matter. There was therefore no breach of natural justice, and the application must be dismissed.

Parties
Applicant: Sheila Agnes Higgins; First Respondent: D. Craig; First Respondent: B.W. Banks; First Respondent: J. Orr; Second Respondent: Derek Volker; Third Respondent: William Cole; Third Respondent: J.C. Taylor; Third Respondent: R.J. Young
Jurisdiction
Australia
Judgment Date
05 April 1984
Procedural Posture
Order of Review Administrative Law (judicial Review Application) / Decision and Final Orders at First Instance
Outcome
Application dismissed with costs
Legal Topics
Judicial Review, Natural Justice (procedural Fairness), Apprehended Bias, Promotion in Public Service, Constitution of Promotion Appeals Committee
Administrative Law Employment Law Public Service Law Judicial Review Natural Justice (procedural Fairness) Apprehended Bias Promotion in Public Service Constitution of Promotion Appeals Committee

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Parties

Sheila Agnes Higgins

Applicant

D. Craig

First Respondent

B.W. Banks

First Respondent

J. Orr

First Respondent

Derek Volker

Second Respondent

William Cole

Third Respondent

J.C. Taylor

Third Respondent

R.J. Young

Third Respondent

Procedural Posture

Order of Review Administrative Law (judicial Review Application) / Decision and Final Orders at First Instance

Legal Issues

  1. 1 Whether the appointment of Mr Craig to the Promotions Appeal Committee gave rise to a reasonable apprehension of bias
  2. 2 Whether the rules of natural justice were breached by the appointment of Mr Craig, a member of a professional body that had previously refused the applicant's membership, to the Promotions Appeal Committee

Ratio Decidendi

The Court held that there was no reasonable apprehension of bias arising from Mr Craig’s appointment to the Promotions Appeal Committee. Neither his prior association with the professional body nor his professional contact with other individuals involved in the proceedings, nor any of the matters collectively, would cause a fair-minded observer to reasonably apprehend that he might not bring an impartial and unprejudiced mind to the matter. There was therefore no breach of natural justice, and the application must be dismissed.

Court Disposition

Application dismissed with costs

Orders

  • The application is dismissed.
  • The applicant is to pay the costs of the respondents.