Commissioner of Corrective Services v Government and Related Employees Appeal Tribunal (No 2)

The Commissioner of Corrective Services sought judicial review of a decision by the Government and Related Employees Appeal Tribunal (GREAT) concerning the Chairperson's refusal to disqualify himself from hearing an appeal due to apprehended bias, and the subsequent refusal of a stay application. The Commissioner sought orders of prohibition to prevent the Tribunal from continuing the hearing with the Chairperson presiding.

The primary legal issues before the court were whether GREAT constituted a "court" for the purposes of the Suitors' Fund Act 1951 (NSW), and whether the Chairperson's refusal to disqualify himself and his subsequent refusal of a stay application were "decisions of a court" within the meaning of that Act, thereby potentially entitling the Commissioner to an indemnity certificate from the Suitors' Fund.

The court determined that while GREAT was a superior court of record for certain purposes, the Chairperson's refusal to disqualify himself was not a decision of a court for the purposes of the Suitors' Fund Act. However, the court found that the Chairperson's refusal of the stay application, which sought to preserve the status quo pending a challenge to his impartiality, was a decision of a court for the purposes of the Act. Consequently, the court granted relief in the nature of prohibition against the Tribunal continuing the hearing with the Chairperson.

The court ordered that the third opponent be granted an indemnity certificate.