The withdrawal of ministerial commissions under ss 35C and 35E of the Constitution Act 1902 (NSW) is not subject to judicial review, and no duty of procedural fairness is owed by the Premier or Lieutenant-Governor in the process. An independent barrister retained by government to investigate allegations of misconduct against a Minister owes no duty of care to the person under investigation, principally because such a duty would inhibit the conscientious discharge of the investigative task. The question whether such an investigator owes a duty of procedural fairness in her individual capacity was left open.
The full text is available to signed-in members, including the 19 later cases that cite this judgment.
2 of the 19 citing cases carry a classified treatment. How each court treated it is available to signed-in members.