Case A4/2011

Australian Education Union v. Department of Education and Children's Services

Case No.


Case Information

Lower Court Judgment

28/05/2010 Supreme Court of South Australia (Nyland J, Gray J, Vanstone J)

[2010] SASC 161


Statutes — Acts of Parliament — Interpretation — Statutory powers and duties — Conferral and extent of power — Particular words and phrases — General matters constrained by specific — Applicants teachers appointed under Education Act 1972 (SA) ("the Act") s 9(4) — Where s 15 of the Act enabled Minister to appoint teachers "officers of the teaching service" — Where s 9(4) of the Act enabled Minister to appoint officers and employees "in addition to" officers of teaching service — Meaning of "in addition to" — Whether general power in s 9(4) constrained by specific power in s 15 — Whether within Minister's power to appoint teachers under s 9(4) of the Act or whether s 15 sole source of Executive power — Education Act 1972 (SA) ss 9(4), 15.

Short Particulars


11/02/2011 Hearing (SLA, Canberra v/link to Adelaide)

24/02/2011 Notice of appeal

11/03/2011 Written submissions (Appellant)

11/03/2011 Chronology (Appellant)

01/04/2011 Written submissions (Respondent)

08/04/2011 Reply

28/09/2011 Hearing (Full Court, Adelaide)

29/02/2012 Judgment  (Judgment summary)