Castle v Director General State Emergency Service

[2008] NSWCA 231

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Procedural Fairness
3. › Duty to observe
4. › Removal from voluntary office
5. › Whether duty arises where decision likely to damage reputation
6. › Whether decision was inevitable so as to exclude duty
7. › State Emergency Service Act 1989 (NSW), ss 17, 18
1. Administrative Law
2. › Remedies
3. › Declaratory relief
4. › Whether declaratory relief available after expiry of term of office
5. › Damage to reputation as foundation for standing and relief
1. Administrative Law
2. › Procedural Fairness
3. › Content of duty
4. › Sequential decisions under separate statutory powers
5. › Whether decisions must be considered separately or together

Quick Take

A duty of procedural fairness attaches to the revocation of a voluntary statutory appointment where the decision is likely to damage the appointee's reputation, even where the position carries no financial entitlements. Where two administrative decisions are made under separate statutory powers but arise from the same circumstances and are closely interrelated, they cannot be treated as entirely unrelated for the purpose of determining the content of procedural fairness. Declaratory relief remains available after the expiry of a term of office where the impugned decisions have caused inferred damage to reputation.