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- Comcare v Banerji is a decision of the High Court of Australia. It was an appeal brought by Comcare against former public servant Michaela Banerji, seeking to overturn a decision of the Administrative Appeals Tribunal. The tribunal had declared that termination of her employment was not a reasonable administrative action; once regard was had to the implied freedom of political communication. The court ruled unanimously that provisions of the Public Service Act 1999 (Cth), regarding the termination of a public servant's employment, did not contravene the implied freedom of political communication. It further ruled that the decision to terminate her employment based on her use of an anonymous Twitter account was not otherwise unlawful. (en)
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- 16693 (xsd:nonNegativeInteger)
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- Gageler J, Gordon J, Edelman J (en)
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- Kiefel CJ, Bell, Keane, Nettle JJ (en)
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- Appeal allowed – the provisions of the Public Service Act did not impose an unjustified burden on the implied freedom, and that the termination of the respondent’s employment was not unlawful (en)
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- Comcare v Banerji is a decision of the High Court of Australia. It was an appeal brought by Comcare against former public servant Michaela Banerji, seeking to overturn a decision of the Administrative Appeals Tribunal. The tribunal had declared that termination of her employment was not a reasonable administrative action; once regard was had to the implied freedom of political communication. (en)
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