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”. 

Short particulars

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) (Audio-visual recording)

20/03/2019 Outline of oral argument (Appellant)

20/03/2019 Outline of oral argument (Attorney-General of the Commonwealth intervening)

20/03/2019 Outline of oral argument (Attorney-General for New South Wales intervening)

20/03/2019 Outline of oral argument (Attorney-General for South Australia intervening)

20/03/2019 Outline of oral argument (Attorney-General for Western Australia intervening)

21/03/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

21/03/2019 Outline of oral argument (Respondent)

07/08/2019 Judgment (Judgment summary)

Audio-visual recordings of Full Court hearings heard in Canberra

CaseWilliams v. Wreck Bay Aboriginal Commuity Council & Anor

Date: 12 September 2018

Transcript: Hearing

AV time: 3h 13m

 

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Terms of use

Access to the audio-visual recordings of the Court is subject to the following conditions:

(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court.  However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.

(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.

(3) Copyright of the footage of the proceedings is retained by the Court.

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Audio-visual recordings of Full Court hearings heard in Canberra

CaseQLN146 v. Republic of Nauru

Date: 11 September 2018

Transcript: Hearing

AV time: 32m

 

You accept the terms of use (below) by playing this audio-visual recording.

 

 

 

Terms of use

Access to the audio-visual recordings of the Court is subject to the following conditions:

(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court.  However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.

(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.

(3) Copyright of the footage of the proceedings is retained by the Court.

By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.

 

Audio-visual recordings of Full Court hearings heard in Canberra

CaseQLN147 v. Republic of Nauru

Date: 11 September 2018

Transcript: Hearing

AV time: 1h 07m

 

You accept the terms of use (below) by playing this audio-visual recording.

 

 

 

Terms of use

Access to the audio-visual recordings of the Court is subject to the following conditions:

(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court.  However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.

(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.

(3) Copyright of the footage of the proceedings is retained by the Court.

By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.

 

Audio-visual recordings of Full Court hearings heard in Canberra

Cases:

Date: 10 September 2018

Transcript: Hearing

AV time: 4h 30m

 

You accept the terms of use (below) by playing this audio-visual recording.

 

 

 

Terms of use

Access to the audio-visual recordings of the Court is subject to the following conditions:

(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court.  However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.

(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.

(3) Copyright of the footage of the proceedings is retained by the Court.

By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.

 

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