Re Secretary of the Department of Foreign Affairs and Trade v Susie Boswell [1992] FCA 321;

Re Secretary of the Department of Foreign Affairs and Trade v Susie Boswell [1992] FCA 321; - FCA 1992 case summary — Zoe

[19]

"47.(1) Subject to subsection (2), the appointment of a

person to the Service as an officer (other than a Secretary)

shall, in the first instance, be an appointment on probation.

...................................................

(3) The Board may, at any time within the period of 6

months after an officer is appointed to the Service on

probation, confirm the appointment.

(4) The relevant Secretary may, at any time after an

officer is appointed to the Service on probation and before

the appointment is confirmed, terminate the appointment.

(5) The relevant Secretary may, at any time after the

end of the period of 6 months after an officer is appointed

to the Service on probation, confirm the appointment.

(6) Where, at the end of the period of 12 months after

an officer is appointed to the Service on probation, the

appointment has been neither confirmed nor terminated, the

relevant Secretary shall, as soon as practicable, confirm or

terminate the appointment.

(7) Where, at the end of the period of 2 years after

an officer is appointed to the Service on probation, the

appointment has been neither confirmed nor terminated, the

appointment shall (unless the officer is not an Australian

citizen) be deemed to have been confirmed.

......................................................

(11) A Secretary may, under subsection (4) or (6),

terminate an officer's appointment to the Service on any of

the following grounds:

(a) that the Secretary is not satisfied, after

receiving a report from an authorised medical practitioner,

as to the officer's health and physical fitness;

(b) that the Secretary considers, after receiving a

report from the officer's supervisor or another appropriate

officer, that the manner of the officer's performance of

duties has not been satisfactory;

(c) that the Secretary considers that the officer is

not a fit and proper person to remain an officer of the

Service;

(d) that the Secretary is satisfied that the officer

is an excess officer;

(e) in the case of an officer who is not an Australian

citizen, that the Secretary is satisfied:

(i) that the person has been refused

Australian citizenship;

(ii) that the person is unlikely to be

granted Australian citizenship within a reasonable time; or

(iii) that the person is not seeking a grant

of Australian citizenship with appropriate diligence.

(12) An officer whose appointment has been terminated is

not, unless the Board otherwise determines, eligible for

appointment to the Service within the period of 12 months

immediately after the termination.

..................................................."

[101]

"42.(1) Subject to this Part, the Board may appoint a

person to a particular office in the Service

(not being an office of Secretary) or as an

unattached officer in the Service.

.....

47(1) Subject to subsection (2), the appointment of a

person to the Service as an officer (other than

a Secretary) shall, in the first instance, be an

appointment on probation.

.....

(3) The Board may, at any time within the period of

6 months after an officer is appointed to the

Service on probation, confirm the appointment.

(4) The relevant Secretary may, at any time after an

officer is appointed to the Service on probation

and before the appointment is confirmed,

terminate the appointment.

(5) The relevant Secretary may, at any time after

the end of the period of 6 months after an

officer is appointed to the Service on

probation, confirm the appointment.

(6) Where, at the end of the period of 12 months

after an officer is appointed to the Service on

probation, the appointment has been neither

confirmed nor terminated, the relevant Secretary

shall, as soon as practicable, confirm or

terminate the appointment.

(7) Where, at the end of the period of 2 years after

an officer is appointed to the Service on

probation, the appointment has been neither

confirmed nor terminated, the appointment shall

(unless the officer is not an Australian

citizen) be deemed to have been confirmed.

.......

(11) A Secretary may, under subsection (4) or (6),

terminate an officer's appointment to the

Service on any of the following grounds:

(a) that the Secretary is not satisfied, after

receiving a report from an authorised

medical practitioner, as to the officer's

health and physical fitness;

(b) that the Secretary considers, after

receiving a report from the officer's

supervisor or another appropriate officer,

that the manner of the officer's

performance of duties has not been

satisfactory;

(c) that the Secretary considers that the

officer is not a fit and proper person to

remain an officer of the Service;

(d) that the Secretary is satisfied that the

officer is an excess officer;

(e) in the case of an officer who is not an

Australian citizen, that the Secretary is

satisfied:

(i) that the person has been

refused Australian

citizenship;

(ii) that the person is unlikely to

be granted Australian

citizenship within a

reasonable time; or

(iii) that the person is not seeking

a grant of Australian

citizenship with appropriate

diligence.

(12) An officer whose appointment has been terminated

is not, unless the Board otherwise determines,

eligible for appointment to the Service within

the period of 12 months immediately after the

termination".

At a glance

Court

Decision date

Before

Source

Judgment (124 paragraphs)

Re Secretary of the Department of Foreign Affairs and Trade v Susie Boswell [1992] FCA 321; (1992) 108 ALR 77 (1992) 28 ALD 151 (Extract) (3 July 1992)

Parties

Legislation Cited (9)

Cases Cited (10)