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) (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)