An employer's decision to prevent an employee from returning to work based on a medical opinion that the employee is unfit constitutes 'administrative action' within s 5A(1) of the SRC Act, regardless of whether the decision was made under the Public Service Act 1999 (Cth). The reasonableness of such a decision is ordinarily a question of fact, and a wrong finding of fact does not constitute an error of law.
The full text is available to signed-in members, including the 14 later cases that cite this judgment.
5 of the 14 citing cases carry a classified treatment. How each court treated it is available to signed-in members.