Bank Officials' Association (South Australian Branch) v Savings Bank of South Australia

The Bank Officials' Association (South Australian Branch) appealed to the High Court of Australia from a decision of the Supreme Court of South Australia. The dispute concerned the jurisdiction of the Industrial Court of South Australia to entertain a claim by the Association regarding the salaries and conditions of service of officers of the Savings Bank of South Australia. The Savings Bank argued that the Industrial Court lacked jurisdiction, a position upheld by the Supreme Court.

The central legal issue before the High Court was whether the Industrial Code 1920, which generally regulates employer-employee relationships, operated to override or derogate from the specific provisions of the Savings Bank Act 1875 concerning the employment of the Bank's officers. This involved determining if the Savings Bank Act constituted special legislation and the Industrial Code general legislation, and if their provisions conflicted.

A majority of the High Court, comprising Knox C.J., Isaacs and Rich JJ., held that the Savings Bank Act 1875 was special legislation and the Industrial Code 1920 was general legislation. Applying the maxim *Generalia specialibus non derogant*, they reasoned that the Industrial Code should not be construed to repeal, alter, or derogate from the provisions of the Savings Bank Act concerning the relationship between the Bank and its employees. The Court found that the Savings Bank Act provided a specific framework for regulating officers' salaries and conditions, including requiring the Governor's approval for salaries and empowering trustees to make rules with similar approval. They concluded that the Industrial Court's jurisdiction under the general Code would conflict with this specific legislative scheme.

Consequently, the majority of the High Court dismissed the appeal, affirming the decision of the Supreme Court of South Australia. The Industrial Court was therefore held to have no jurisdiction to hear the claim brought by the Bank Officials' Association. Higgins and Starke JJ. dissented.