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)
Audio-visual recordings of Full Court hearings heard in Canberra
Case: Williams v. Wreck Bay Aboriginal Commuity Council & Anor
Date: 12 September 2018
Transcript: Hearing
AV time: 3h 13m
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Audio-visual recordings of Full Court hearings heard in Canberra
Case: QLN146 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
Case: QLN147 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:
- Minister for Immigration and Border Protection v. SZMTA & Anor
- CQZ15 v. Minister for Immigration and Border Protection & Anor
- BEG15 v. Minister for Immigration and Border Protection & Anor
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.