Ryan v Director General of New South Wales National Parks and Wildlife Service and Anor [2004] NSWIRComm 160

Ryan v Director General of New South Wales National Parks and Wildlife Service and Anor [2004] NSWIRComm 160

Because the disciplinary inquiry departed from mandatory procedures in the Public Sector Management Act 1988 and its Regulations—including failure to provide the applicant access to all material relied on, and because the inquiry went beyond its delegated authority and improperly considered protected evidence from the ICAC, the purported termination of the applicant’s employment is void and all necessary orders must be made in her favour.

Parties
Applicant: Susanne Kay Ryan; First Respondent: Director General of the Department of Environment and Conservation formerly known as Director General of National Parks and Wildlife Service; Second Respondent: Department of Environment and Conservation formerly known as The National Parks and Wildlife Service on behalf of the Public Employment Office
Jurisdiction
Australia
Judgment Date
04 June 2004
Procedural Posture
Application for Declaratory Relief Under S154 of the Industrial Relations Act 1996 / Judgment
Outcome
Application allowed; orders made in favour of the applicant
Legal Topics
Declaratory Relief, Disciplinary Proceedings, Procedural Fairness, Interpretation of Statutes, Protected Evidence
Industrial Law Public Sector Employment Administrative Law Declaratory Relief Disciplinary Proceedings Procedural Fairness Interpretation of Statutes Protected Evidence

Case Brief

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Parties

Susanne Kay Ryan

Applicant

Director General of the Department of Environment and Conservation formerly known as Director General of National Parks and Wildlife Service

First Respondent

Department of Environment and Conservation formerly known as The National Parks and Wildlife Service on behalf of the Public Employment Office

Second Respondent

Procedural Posture

Application for Declaratory Relief Under S154 of the Industrial Relations Act 1996 / Judgment

Legal Issues

  1. 1 Whether the disciplinary inquiry and the charges against the applicant were conducted lawfully under the Public Sector Management Act 1988 and its Regulations
  2. 2 Whether there was a breach of mandatory procedural requirements in the conduct of the inquiry
  3. 3 Whether there was improper consideration of protected evidence in contravention of the Independent Commission Against Corruption Act 1988

Ratio Decidendi

Because the disciplinary inquiry departed from mandatory procedures in the Public Sector Management Act 1988 and its Regulations—including failure to provide the applicant access to all material relied on, and because the inquiry went beyond its delegated authority and improperly considered protected evidence from the ICAC, the purported termination of the applicant’s employment is void and all necessary orders must be made in her favour.

Court Disposition

Application allowed; orders made in favour of the applicant

Orders

  • Declaration that the applicant has been employed since 26 April 2000 by the Second Respondent
  • Declaration that the purported termination of the applicant’s employment on 11 July 2003 is void