Ombudsman v Laughton

(2005) 64 NSWLR 114; [2005] NSWCA 339

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Particular persons and bodies
3. › Ombudsman
4. › Immunity from proceedings
5. › Whether immunity under s 35A of Ombudsman Act 1974 extends to matters of internal administration
6. › Whether appeal to GREAT against employment decision barred
7. › Ombudsman Act 1974 (NSW), ss 32, 35A
8. › Government and Related Employees Appeal Tribunal Act 1980 (NSW), s 20
1. Statutes
2. › Interpretation
3. › Protective or privative provisions
4. › Restrictive construction
5. › Whether immunity provision extends to internal employment decisions or only to external exercise of statutory powers
6. › Purposive construction
7. › Interpretation Act 1987 (NSW), s 33
1. Statutes
2. › Interpretation
3. › Maxim generalia specialibus non derogant
4. › Application where tension between two provisions of the same Act
5. › Whether general immunity provision derogates from specific employment provision
1. Administrative Law
2. › Tribunals
3. › Government and Related Employees Appeals Tribunal
4. › Jurisdiction
5. › Whether appeal lies to Supreme Court under s 54 of GREAT Act from jurisdictional ruling
6. › Whether void decision can be subject of appeal
7. › Government and Related Employees Appeal Tribunal Act 1980 (NSW), s 54

Quick Take

Section 35A of the Ombudsman Act 1974 (NSW) does not bar appeals to GREAT in respect of internal employment decisions made by the Ombudsman. The immunity is confined to the external exercise of the Ombudsman's statutory powers and functions, such as investigations and reports. Protective provisions of this kind are to be construed restrictively and do not extend to matters of internal administration. A decision made without jurisdiction may be the subject of a statutory appeal under s 54 of the GREAT Act.