FEDERAL COURT OF AUSTRALIA

The State of Queensland v The Australian Industrial Relations Commission [2000] FCA 1654

Q95 of 1999; Q195 of 1999; Q218 of 1999

SPENDER, RYAN and O'CONNOR JJ

BRISBANE

20 NOVEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q95 OF 1999

IN THE MATTER of an Application for Writs of Prohibition, Mandamus and Certiorari against:

	The Honourable Vice President McIntyre of the Australian Industrial Relations Commission and The Honourable Senior Deputy President Polites of the Australian Industrial Relations Commission and Commissioner Raffaelli of the Australian Industrial Relations Commission and the Australian Industrial Relations Commission First Respondents
AND:	Transport Workers' Union of Australia Second Respondent
EX PARTE:	Her Majesty's Attorney-General for the State of Queensland Prosecutor/Applicant On remitter from the High Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY		Q195 OF 1999

IN THE MATTER of an Application for Writ of Prohibition and a Writ of Certiorari against:

The Honourable Vice President AWD McIntyre of the Australian Industrial Relations Commission

and

The Honourable Senior Deputy President C G Polites of the Australian Industrial Relations Commission

and

Commissioner F Raffaelli of the Australian Industrial Relations Commission

and

the Australian Industrial Relations Commission

First Respondents

AND:

Transport Workers' Union of Australia

Second Respondent

EX PARTE:	The Australian Workers' Union of Employees, Queensland Prosecutor/Applicant On remitter from the High Court of Australia

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY		Q218 OF 1999

IN THE MATTER of an Application for Writs of Prohibition, Mandamus and Certiorari against:

The Honourable Justice Giudice, President of the Australian Industrial Relations Commission

and

The Honourable Senior Deputy President Watson of the Australian Industrial Relations Commission

and

The Honourable Deputy President Hall of the Australian Industrial Relations Commission

and

Commissioner Bacon of the Australian Industrial Relations Commission

and

Commissioner Edwards of the Australian Industrial Relations Commission

and

The Australian Industrial Relations Commission

First Respondents

AND

Construction, Forestry, Mining and Energy Union

Second Respondent

EX PARTE:

Her Majesty's Attorney-General for the State of Queensland

Prosecutor/Applicant

On remitter from the High Court of Australia

COURT:	SPENDER, RYAN and O'CONNOR JJ
DATE OF ORDER:	20 NOVEMBER 2000
WHERE MADE:	BRISBANE

CORRIGENDA

In the Reasons for Judgment delivered 20 November 2000 ([2000] FCA 1827):

1. Delete paragraph 30 entirely, and replace with the following:

In Yao v Minister for Immigration and Ethnic Affairs (1996) 69 FCR 583, Black CJ and Sundberg J expressed a reservation about the width of the principle expressed by the majority in Lee, saying, at 590:

“This approach does not appear to be consistent with Ho Po Sang and the cases that have applied it, and the High Court in Esber relied on that case, amongst others, for the proposition that inchoate and contingent rights can be protected by s 8. For reasons which will become apparent, no concluded view on the point need be expressed in this case.”

However, we consider that Esber establishes, at least, that if an administrative or arbitral decision maker is bound by a statutory provision to make a decision, even one involving the exercise of a discretion, a person entitled to compel the making of that decision has an accrued right within the meaning of s 8(c) of the Acts Interpretation Act.

2. In paragraph 34 at line 4, replace “Commonwealth Minister for Workplace Relations” with “Commonwealth Minister for Employment, Workplace Relations and Small Business”.

3. In paragraph 36 at line 2, replace “Minister for Workplace Relations and Small Business” with “Minister for Employment, Workplace Relations and Small Business”.

4. On page 23, where appearances are listed for matters Q95 and Q195 of 1999 after the Certification, replace the words “First Intervener Minister for Workplace Relations:” with “First Intervener, Commonwealth Minister for Employment, Workplace Relations and Small Business:” wherever it appears. Further, where appearances are listed for matter Q218 of 1999, after the line containing the name of the solicitor for the second respondent, add a line space and then the following:

“Counsel for Intervener, Commonwealth Minister for Employment, Workplace Relations and Small Business:	Mr G. Martin QC with Mr J. Murdoch
Solicitor for the First Intervener, Commonwealth Minister for Employment, Workplace Relations and Small Business:	Australian Government Solicitor”

Then add another line space before the line commencing “Date of Hearing:”.

20 December 2000 Tom Pincus

Associate to Justice Spender

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