FEDERAL COURT OF AUSTRALIA

Mongan v Woodward [2003] FCA 66

ADMINISTRATIVE LAW – reasonable apprehension of bias – public service disciplinary procedure – superior officer expressing definite view on appropriate sanction to impose on offender for breach of APS Code of Conduct – more junior officer responsible for making relevant decision – whether relationship of influence existed.

Public Service Act 1999 (Cth), s 13, s 15(1), s 78(7)

Livesey v New South Wales Bar Association (1983) 151 CLR 288 at 293-294 applied

Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 at 345 referred to

Webb v The Queen (1994) 181 CLR 41 at 74 referred to

Phillips v Secretary, Department of Immigration and Ethnic Affairs (1994) 48 FCR 57 referred to

EDWIN GRANT MONGAN v LIONEL BARRIE WOODWARD, ANNWYN GODWIN

A5 of 2003

FINN J

12 FEBRUARY 2003

CANBERRA

CORRIGENDUM

Amendment to the Reasons for Judgment of Justice Finn delivered on 12 February 2003.

1.      The Orders page, Order 1, the words “Upon the second applicant…” be deleted and replaced with “Upon the second respondent…”

2.      Page 8, Addendum, second sentence, the words “Upon the second applicant…” be deleted and replaced with “Upon the second respondent…”

Associate to Justice Finn

Dated:  25 February 2003