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

[2012] HCA 3
Case number
A4/2011
Before
French CJ, Hayne, Heydon, Kiefel, Bell JJ
Catchwords

Statutes – Acts of Parliament - Interpretation - Statutory powers and duties - Construction - Conferral and extent of power - Minister purportedly appointed persons as temporary "contract teachers" under s 9(4) of Education Act 1972 (SA) - Section 15 empowered Minister to appoint "officers of the teaching service" on permanent or temporary basis - Section 9(4) empowered Minister to appoint such officers and employees "in addition to" employees and officers of teaching service as Minister considered "necessary for the proper administration of this Act or for the welfare of the students of any school" - Meaning of "in addition to" - Whether Minister empowered to appoint officers as teachers under s 9(4) - Whether s 15 provided exclusively for such appointments.

Words and phrases – "in addition to", "officers and employees", "officers of the teaching service".

Education Act 1972 (SA) – ss 9(4), 15.

Files
3.rtf (51.74 KB)
3.pdf (108.43 KB)