About: Comcare v Banerji

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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.

Attributes	Values
rdfs:label	Comcare v Banerji (en)
rdfs:comment	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)
name	Comcare v Banerji (en)
foaf:depiction
dcterms:subject	Twitter controversies Whistleblowing in Australia Rights in the Australian Constitution cases 2019 in Australian law 2019 in case law High Court of Australia cases
Wikipage page ID	64665533 (xsd:integer)
Wikipage revision ID	1100308254 (xsd:integer)
Link from a Wikipage to another Wikipage	Proportionality (law) Public Service Act 1999 (Cth) Departmental secretary Unconstitutional United States Virginia Bell (judge) Department of Home Affairs (Australia) Chief Justice of Australia Orwellian Clubb v Edwards Geoffrey Nettle Twitter controversies Legal tests Stephen Gageler Whistleblowing in Australia Comcare Community and Public Sector Union Delegation (law) Australian Government Australian Human Rights Commission Australian Public Service Australian constitutional law Brown v Tasmania Rights in the Australian Constitution cases Twitter Jurisdictional error Administrative Appeals Tribunal First Amendment to the United States Constitution High Court of Australia James Edelman The Canberra Times 2019 in Australian law 2019 in case law High Court of Australia cases Lange v Australian Broadcasting Corporation Susan Kiefel Civil law (legal system) Civil service Freedom of speech in the United States McCloy v NSW Michelle Gordon Oliver Wendell Holmes Jr. Responsible government Public servant Pappas v. Giuliani Free speech Proportionality test Justices Patrick Keane (justice) Unanimously dbr:Kieran_Pender dbr:McAuliffe_v._Mayor_of_New_Bedford dbr:Nadine_Flood
sameAs	Comcare v Banerji Comcare v Banerji
dbp:wikiPageUsesTemplate	dbt:Reflist dbt:Short_description dbt:Use_Australian_English dbt:Use_dmy_dates dbt:Cite_AustLII dbt:Infobox_court_case dbt:Implied_freedom_of_political_communication_cases
thumbnail	wiki-commons:Special:FilePath/Coat_of_Arms_of_Australia.svg?width=300
court	High Court of Australia
judges	Virginia Bell (judge) Chief Justice of Australia Geoffrey Nettle Stephen Gageler James Edelman Susan Kiefel Michelle Gordon Justices Patrick Keane (justice)
has abstract	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)
concurring	Gageler J, Gordon J, Edelman J (en)
date decided	2019-08-07 (xsd:date)
decision by	Kiefel CJ, Bell, Keane, Nettle JJ (en)
opinions	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)
prov:wasDerivedFrom	wikipedia-en:Comcare_v_Banerji?oldid=1100308254&ns=0
page length (characters) of wiki page	16693 (xsd:nonNegativeInteger)
foaf:isPrimaryTopicOf	wikipedia-en:Comcare_v_Banerji
is Link from a Wikipage to another Wikipage of	Public Service Act 1999 Whistleblower protection in Australia Clubb v Edwards Comcare List of High Court of Australia cases
is foaf:primaryTopic of	wikipedia-en:Comcare_v_Banerji

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