Titelius v Public Service Appeal Board & Ors

(1999) 21 WAR 201; [1999] WASCA 19

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Prerogative writs
3. › Certiorari and mandamus
4. › Public Service Appeal Board
5. › Jurisdictional error
6. › Finding of serious breach of discipline
7. › Whether finding Wednesbury unreasonable
8. › Public Sector Management Act 1994 (WA), ss 78, 80, 81, 82, 83, 86
1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Scope of review
5. › Error of law causing wrong issue to be identified
6. › Craig v South Australia applied
1. Courts and Tribunals
2. › Court records
3. › Public documents
4. › Right of access and inspection
5. › Restraining order made in open court
6. › Whether public document open to inspection and copying
7. › Whether s148 Justices Act prohibits provision of copies to non-parties interested
8. › Justices Act 1902 (WA), ss 65, 148, 172, 175, 178
1. Constitutional Law (Cth)
2. › Implied freedom of political communication
3. › Whether creates personal rights
4. › Whether limitation on legislative and executive power only
5. › Whether relevant to interpretation of state statute
6. › Lange v Australian Broadcasting Corporation applied

Quick Take

Court orders made in open court are public documents that any member of the public may inspect and copy. Section 148 of the Justices Act 1902 (WA) creates an obligation to supply copies to 'parties interested' but does not prohibit provision of copies to others. A 'party interested' is broader than a party to the proceedings and includes persons with a legitimate interest such as political interest in the subject matter. Administrative instructions purporting to restrict access to public court documents without statutory or judicial authority are invalid.