Commissioner of Corrective Services v Walker

The Commissioner of Corrective Services appealed to the Court of Appeal of New South Wales against a decision of the Government and Related Employees Appeal Tribunal (GREAT). The dispute concerned the competency of an appeal lodged by Mr. Walker outside the 21-day time limit prescribed by s 55 of the *Government and Related Employees Appeal Tribunal Act 1980* (NSW). The Commissioner argued that the appeal was out of time, while Mr. Walker contended that the time limit had not yet commenced.

The primary legal issue before the Court of Appeal was whether the time for lodging an appeal under s 55 of the GREAT Act had commenced. This turned on the interpretation of s 48(4) of the Act, which defines when a "decision of the Tribunal in respect of an appeal" is made. Specifically, the Court had to determine if a decision was made when the outcome of the Tribunal's determination was informally communicated to the parties before the formal provision of written reasons.

The Court reasoned that the statutory language of s 48(4) indicated that a "decision" was only formally made when it was reduced to writing and provided to the parties. The informal communication of the result, without the accompanying reasons, did not constitute a "decision" for the purposes of commencing the time limit for a further appeal. Therefore, Mr. Walker's appeal, lodged after the informal notification but within 21 days of the formal provision of reasons, was competent.

The appeal was dismissed, and the Commissioner was ordered to pay Mr. Walker's costs of the appeal.