Full Court Minute Books

Case C12/2018

Comcare v. Banerji

Case No.

C12/2018

Case Information

Catchwords

Constitutional law – Implied freedom of political communication – Where employee of Department of Immigration and Citizenship used Twitter account to post anonymous “tweets” critical of Department – Where Department terminated employment under s 15 of Public Service Act 1999 (Cth) on basis employee used social media in breach of ss 13(1), 13(7) and 13(11) of Australian Public Service Code of Conduct – Where employee submitted claim for compensation under s 14 of Safety, Compensation and Rehabilitation Act 1988 (Cth) on basis termination led to psychological condition – Where Comcare rejected claim – Where Administrative Appeals Tribunal set aside decision on basis termination infringed implied freedom of political communication so termination not “reasonable administrative action taken in a reasonable manner” within meaning of s 5A of Safety, Compensation and Rehabilitation Act – Whether ss 13(11) and 15 of Public Service Act incompatible with implied freedom of political communication – Whether Tribunal erred in failing to find decision to terminate employment constituted “reasonable administrative action taken in a reasonable manner”. 

Documents*

12/09/2018 Hearing (Single Justice, Canberra)

25/09/2018 Cause removed

07/11/2018 Written submissions (Appellant)

07/11/2018 Chronology (Appellant)

07/11/2018 Written submissions (Attorney-General of the Commonwealth intervening)

14/11/2018 Written submissions (Attorney-General for the State of New South Wales intervening)

14/11/2018 Written submissions (Attorney-General for the State of South Australia intervening)

14/11/2018 Written submissions (Attorney-General for the State of Western Australia intervening)

05/12/2018 Written submissions (Respondent)

12/12/2018 Written submissions (Australian Human Rights Commission seeking leave to appear as amicus curiae)

19/12/2018 Reply (Appellant)

19/12/2018 Reply (Attorney-General of the Commonwealth intervening)

20/03/2019 Hearing (Full Court, Canberra)

*The due dates shown for documents on this page are indicative only.