Robertson v Civil Service Association of Western Australia Inc

[2003] WASCA 284

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Industrial Law
2. › Registered organisations
3. › Rules of organisation
4. › Power of Commission to make orders relating to rules
5. › Application under s 66 of Industrial Relations Act 1979 (WA)
6. › Nature of discretion to exercise power
7. › Whether discretion absolute or regulated
8. › Whether President obliged to grant relief where case established
9. › Industrial Relations Act 1979 (WA), s 66(2)
1. Administrative Law
2. › Statutory powers and discretions
3. › Discretionary power expressed as 'may'
4. › Whether 'may' imposes duty to exercise power when conditions fulfilled
5. › Distinction between discretion to hear and discretion to grant relief
6. › Whether grounds for refusal legally permissible
1. Industrial Law
2. › Appeals
3. › Jurisdiction of Industrial Appeal Court
4. › Error in construction or interpretation of Act
5. › Whether refusal to exercise discretion on impermissible grounds constitutes error of law
6. › Industrial Relations Act 1979 (WA), s 90(1)(b)

Quick Take

The discretion conferred by s 66(2) of the Industrial Relations Act 1979 (WA) is not absolute: where an applicant establishes non-observance or erroneous observance of the rules of a registered organisation, the President must grant appropriate relief unless there is a legally permissible reason to withhold it. A refusal to exercise the discretion on grounds outside the scope of a proper exercise of the power constitutes an error in the construction or interpretation of the Act within s 90(1)(b), attracting the appellate jurisdiction of the Industrial Appeal Court.