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Comcare V Banerji
Comcare v Banerji is a decision of the High Court of Australia. It was an appeal brought by Comcare against former public servant Michaela Banerji, seeking to overturn a decision of the Administrative Appeals Tribunal. The tribunal had declared that termination of her employment was not a reasonable administrative action; once regard was had to the implied freedom of political communication.. The court ruled unanimously that provisions of the ''Public Service Act 1999'' (Cth), regarding the termination of a public servant's employment, did not contravene the implied freedom of political communication. It further ruled that the decision to terminate her employment based on her use of an anonymous Twitter account was not otherwise unlawful. Factual Background Banerji was a public servant at the Australian Human Rights Commission, which later became part of the then-named Department of Immigration and Citizenship (DIC). In 2012, she began to use an anonymous Twitter account ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judiciary, judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Department Of Home Affairs (Australia)
The Department of Home Affairs is the Australian Government interior ministry with responsibilities for national security, law enforcement, emergency management, border control Border control refers to measures taken by governments to monitor and regulate the movement of people, animals, and goods across land, air, and maritime borders. While border control is typically associated with international borders, it a ..., immigration, refugees, citizenship, transport security and Multiculturalism, multicultural affairs. The portfolio also includes federal agencies such as the Australian Federal Police, Australian Border Force and the Australian Security Intelligence Organisation. The Home Affairs portfolio reports to the Minister for Home Affairs (Australia), Minister for Home Affairs, currently held by Clare O'Neil, and is led by the Secretary of the Department of Home Affairs, Mike Pezzullo. In 2022, the Australian Federal Police, Australian Criminal Intelligence Commiss ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Proportionality Test
Proportionality is a general principle in law which covers several separate (although related) concepts: *The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes, especially in constitutional law, as a logical method intended to assist in discerning the correct balance between the restriction imposed by a corrective measure and the severity of the nature of the prohibited act. *Within criminal law, the concept is used to convey the idea that the punishment of an offender should fit the crime. *Under international humanitarian law governing the legal use of force in an armed conflict, ''proportionality'' and '' distinction'' are important factors in assessing military necessity. *Under the United Kingdom's Civil Procedure Rules, costs must be "proportionately and reasonably incurred", or "proportionate and reasonable in amount", if they are to form part of a court ruling on costs. Proportionality as a general principle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Responsible Government
Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability, the foundation of the Westminster system of parliamentary democracy. Governments (the equivalent of the executive branch) in Westminster democracies are responsible to parliament rather than to the monarch, or, in a colonial context, to the imperial government, and in a republican context, to the president, either in full or in part. If the parliament is bicameral, then the government is responsible first to the parliament's lower house, which is more representative than the upper house, as it usually has more members and they are always directly elected. Responsible government of parliamentary accountability manifests itself in several ways. Ministers account to Parliament for their decisions and for the performance of their departments. This requirement to make announcements and to answer questions in Parliament means that ministers must have the priv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Proportionality (law)
Proportionality is a general principle in law which covers several separate (although related) concepts: *The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes, especially in constitutional law, as a logical method intended to assist in discerning the correct balance between the restriction imposed by a corrective measure and the severity of the nature of the prohibited act. *Within criminal law, the concept is used to convey the idea that the punishment of an offender should fit the crime. *Under international humanitarian law governing the legal use of force in an armed conflict, ''proportionality'' and '' distinction'' are important factors in assessing military necessity. *Under the United Kingdom's Civil Procedure Rules, costs must be "proportionately and reasonably incurred", or "proportionate and reasonable in amount", if they are to form part of a court ruling on costs. Proportionality as a general principle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clubb V Edwards
Clubb v Edwards; Preston v Avery is a decision of the High Court of Australia.. . It was a combined hearing of two appeals, raised from the Magistrates Court of Victoria and Tasmania respectively. The appellants, Kathleen Clubb and John Preston; had sought to challenge two laws restricting their conduct near abortion providers, on the ground that the relevant laws were unconstitutional for breach of Australia's freedom of political communication doctrine. Both appeals were unanimously dismissed by the court. Factual Background Section 185D of the Public Health and Wellbeing Act 2008 (Vic), prohibited communication about abortions, conditional on that communication being with a person accessing an abortion provider within a 'safe access zone', and the communication being likely to cause distress or anxiety. Section 9(2) of the ''Reproductive Health (Access to Terminations) Act 2013'' (Tas), prohibited abortion protests that could be seen or heard by a person accessing a clinic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cited ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lange V Australian Broadcasting Corporation
''Lange v Australian Broadcasting Corporation''. is a High Court of Australia case that upheld the existence of an implied freedom of political communication in the Constitution of Australia, Australian Constitution, but found that it did not necessarily provide a defence to a defamation action. The High Court extended the defence of qualified privilege to be compatible with the freedom of political communication. Background The plaintiff, David Lange, who was the Prime Minister of New Zealand, was the subject of a report on the Australian Broadcasting Corporation current affairs program ''Four Corners (Australian TV program), Four Corners''. He brought defamation proceedings in respect of that broadcast. In April 1990, the defendant broadcast on its ''Four Corners'' program a report which had been broadcast the previous night in New Zealand on Television New Zealand's ''Frontline'' program. The program alleged that the New Zealand Labour Party, then in government, had come to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Tests
In law, a test is a commonly applied method of evaluation used to resolve matters of jurisprudence. In the context of a trial, a hearing, discovery, or other kinds of legal proceedings, the resolution of certain questions of fact or law may hinge on the application of one or more legal tests. Tests are often formulated from the logical analysis of a judicial decision or a court order where it appears that a finder of fact or the court made a particular decision after contemplating a well-defined set of circumstances. It is assumed that evaluating any given set of circumstances under a legal test will lead to an unambiguous and repeatable result. Kinds of legal tests * Bright-line rule * Balancing test International law *Berne three-step test * Habitual residence test * ''Caroline'' test Common law * "But-for" test Canada * ''Andrews'' test * Air of reality test (see alsR v Fontaine * Assumed Jurisdiction test *Central management and control test * ''Collins'' Test *Commu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisdictional Error
Jurisdictional error is a concept in administrative law, particularly in the UK and Australia. Jurisdiction is the "authority to decide", and a jurisdictional error occurs when the extent of that authority is misconceived. Decisions affected by jurisdictional error can be quashed by judicial review. Examples of jurisdictional errors include asking a wrong question, ignoring relevant material, relying on irrelevant material, and breaching natural justice.''Craig v South Australia'' Australia In Australia, the definition of jurisdictional error can be found in High Court judgements. Hayne J has defined jurisdictional error in the following terms: A more specific definition of Jurisdictional error is defined as follows: The power of superior courts to respond to jurisdictional error by issuing the prerogative writs is entrenched in Australia's constitution: However, the term has been subject to criticism. In 2008, Kirby J held: Types Mark Aronson identifies eight cat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unconstitutional
Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When laws, procedures, or acts directly violate the constitution, they are unconstitutional. All others are considered constitutional unless the country in question has a mechanism for challenging laws as unconstitutional. Applicability An act or statute enacted as law either by a national legislature or by a subordinate-level legislature such as that of a state or province may be declared unconstitutional. However, governments do not only create laws but also enforce the laws set forth in the document defining the government, which is the constitution. When the proper court determines that a legislative act or law conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part. Depending on t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Public Service
The Australian Public Service (APS) is the federal civil service of the Commonwealth of Australia responsible for the public administration, public policy, and public services of the departments and executive and statutory agencies of the Government of Australia. The Australian Public Service was established at the Federation of Australia in 1901 as the Commonwealth Public Service and modelled on the Westminster system and United Kingdom's Civil Service. The establishment and operation of the Australian Public Service is governed by the ''Public Service Act 1999'' of the Parliament of Australia as an "apolitical public service that is efficient and effective in serving the Government, the Parliament and the Australian public". The conduct of Australian public servants is also governed by a Code of Conduct and guided by the APS Values set by the Australian Public Service Commission. As such, the employees and officers of the Australian Public Service are obliged to serve th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
