Co-operative Societies (Amendment) Act 1988 (ACT)

The Co-operative Societies (Amendment) Ordinance 1988 was challenged by an individual on the basis that the power of the administrator of a society to terminate employment and service contracts was inconsistent with the guarantee of the right to procedural fairness under the Administrative Decisions (Judicial Review) Act 1977 (Cth). The applicant sought to have the amendment declared invalid. The High Court was asked to determine the validity of the amendment to the Co-operative Societies Ordinance 1939 (ACT) in light of the guarantee of procedural fairness under the Administrative Decisions (Judicial Review) Act 1977 (Cth). Specifically, the court had to decide whether the amendment was consistent with the principle of procedural fairness.

The court held that the amendment was consistent with the principle of procedural fairness. The court reasoned that the amendment did not remove the right to procedural fairness, but rather it provided a mechanism for the administrator to exercise the power to terminate employment and service contracts in a manner that was consistent with the guarantee of procedural fairness. The court further held that the amendment did not infringe upon the guarantee of procedural fairness because it provided for notice and an opportunity for review by the Administrative Appeals Tribunal. The court also noted that the amendment did not remove the right to seek judicial review of the decision to terminate the contract.

The court declared the amendment to be valid and consistent with the guarantee of procedural fairness under the Administrative Decisions (Judicial Review) Act 1977 (Cth). The court held that the amendment did not infringe upon the guarantee of procedural fairness because it provided for notice and an opportunity for review by the Administrative Appeals Tribunal. The court also noted that the amendment did not remove the right to seek judicial review of the decision to terminate the contract.