Attorney-General in and for the State of New South Wales v WENTWORTH

The Attorney-General in and for the State of New South Wales brought proceedings against Wentworth. The dispute concerned the validity of a notice issued by the Attorney-General under section 4 of the *Public Service Act 1979* (NSW) purporting to terminate Wentworth's employment as a public servant. The matter was heard by the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the Attorney-General had acted within the scope of his statutory power when issuing the notice of termination. Specifically, the court had to determine if the Attorney-General had a proper basis for believing that Wentworth's continued employment was contrary to the public interest, as required by section 4 of the *Public Service Act 1979* (NSW). This involved an examination of the evidence before the Attorney-General and the standard of review applicable to such administrative decisions.

The Court of Appeal held that the Attorney-General's belief that Wentworth's continued employment was contrary to the public interest was not a subjective belief that could not be challenged. Instead, it was a belief that must be based on reasonable grounds. The court found that the evidence before the Attorney-General was insufficient to support a reasonable belief that Wentworth's continued employment was contrary to the public interest. Therefore, the notice of termination was invalid. The court allowed the appeal and ordered that the notice of termination be set aside.