[1981] VR 831
CHARLTON v MEMBERS OF THE TEACHERS TRIBUNAL
SUPREME COURT OF VICTORIA
McGARVIE, J
10, 11, 23, 30 March 1981
[1981] VR 831
Administrative Law — Teachers Tribunal — Regulations concerning teachers'
salaries — Tribunal procedure — Approved teachers' associations — Parliamentary disallowance of Tribunal determination — Ministerial request for
Tribunal to stay operation of determination — Review of Tribunal decision to
make regulation — Purpose of regulation — Power to make regulations operating
retrospectively — Tribunal powers similar to industrial arbitration powers — Power of Tribunal to make, rescind and to change operation of a regulation — Power of parliament to disallow a regulation — Natural justice — Whether fair
opportunity of making representations afforded — Rules of natural justice
apply to proceedings of Tribunal — Tribunal decision affecting rights — Arbitral role of Tribunal — "Person affected" — Discretion to quash regulation
in the interests of justice — Administrative Law Act 1978 (No. 9234), s2, s3 — Acts Interpretation Act 1958 (No. 6189), s4(2), s7(2), s7(4)(a), s30(3) — Labour and Industry Act 1958 (No. 6283), s34(2), s45(2), s45B — Teaching
Service Act 1958 (No. 6391), s3, s4, s4(2), s5, s5A, s15(5), s17, s18, s23,
s28, s35, s43, s44, s45, s46(4), s48(6), s55C, s58(1)(i), s58(2), s58(3),
s58(4) and Teaching Service (Teachers Tribunal) Regulations.
.
The Teachers Tribunal, after hearing evidence and submissions upon its claim
from VHSPA, an association approved to represent High School Principals,
resolved on 5 February 1981 to increase by 15 per centum the salaries of
Principals as from 8 February. The Minister of Education requested a stay of
the determination until parliament had considered a Government proposal to
disallow the regulation embodying the determination. Without giving VHSPA any
further opportunity of being heard, the Tribunal on 18 February made reg538
embodying its earlier resolution, to take effect from 8 February. It then made
reg539 providing that reg538 should not come into operation until the
thirty-first day after it had been laid before parliament. Parliament
disallowed reg538 on 12 March. On an order for review under the Administrative
Law Act 1978, the President of VHSPA., himself a Principal, claimed that
reg539 was invalid.
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[1981] VR 831
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