Excell, Valma Irene v Harris, Lyell James & Ors [1983] FCA 279

Excell, Valma Irene v Harris, Lyell James & Ors [1983] FCA 279

The Promotions Appeal Board failed to conduct proceedings in accordance with dictates of fairness required by law, but due to the expiry of the temporary transfer period and practical circumstances, no relief was granted. The selection panel's actions were not reviewable under the Administrative Decisions (Judicial Review) Act; the Personnel Manual was not an instrument under an Act.

Parties
Applicant: Valma Irene Excell; First Respondent: Lyell James Harris; First Respondent: Ronald Allan Page; First Respondent: Susan Mary Hudson; Second Respondent: John Francis Morrow; Second Respondent: Susan Russell; Second Respondent: James Aikman Stoddard; Third Respondent: Gregory Arthur Hancock; Fourth Respondent: Australian Capital Territory Schools Authority; Fifth Respondent: Max John Woodward; Sixth Respondent: Rosemary Walsh
Jurisdiction
Australia
Judgment Date
18 October 1983
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Judicial Review, Teaching Service, Selection for Higher Duties, Appeals and Review of Administrative Decisions, Natural Justice
Administrative Law Judicial Review Teaching Service Selection for Higher Duties Appeals and Review of Administrative Decisions Natural Justice

Case Brief

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Parties

Valma Irene Excell

Applicant

Lyell James Harris

First Respondent

Ronald Allan Page

First Respondent

Susan Mary Hudson

First Respondent

John Francis Morrow

Second Respondent

Susan Russell

Second Respondent

James Aikman Stoddard

Second Respondent

Gregory Arthur Hancock

Third Respondent

Australian Capital Territory Schools Authority

Fourth Respondent

Max John Woodward

Fifth Respondent

Rosemary Walsh

Sixth Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the selection and appointment of an officer to perform higher duties was a reviewable decision under the Administrative Decisions (Judicial Review) Act 1977
  2. 2 Whether the Personnel Policy and Procedures Manual constituted an instrument under an Act for the purposes of review
  3. 3 Whether relevant authorities had power to make the appointment or transfer

Ratio Decidendi

The Promotions Appeal Board failed to conduct proceedings in accordance with dictates of fairness required by law, but due to the expiry of the temporary transfer period and practical circumstances, no relief was granted. The selection panel's actions were not reviewable under the Administrative Decisions (Judicial Review) Act; the Personnel Manual was not an instrument under an Act.

Court Disposition

Application dismissed

Orders

  • Extension of time to institute proceedings up to and including 22 June 1983 granted.
  • The application be dismissed.