Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate & Ors

The Commonwealth of Australia (the applicant) sought special leave to appeal to the High Court of Australia against a decision of the Full Federal Court. The dispute concerned the interpretation and application of provisions within the *Fair Work (Building Industry) Act 2009* (Cth) (the Act), specifically relating to the powers of the Director, Fair Work Building Industry Inspectorate (the respondent). The applicant contended that the Full Federal Court had erred in its construction of the Act, leading to an incorrect determination of the respondent's investigative and enforcement powers.

The central legal issue before the High Court was whether the respondent, in exercising powers conferred by the Act, was subject to the ordinary requirements of administrative law, particularly the duty to afford procedural fairness. This involved determining the nature of the powers exercised by the respondent and whether they were of a kind that attracted the application of the principles of natural justice, even in the absence of explicit statutory provisions mandating such.

Kiefel and Keane JJ held that the powers exercised by the respondent under the Act were not of a kind that attracted the duty to afford procedural fairness. Their Honours reasoned that the respondent's functions were primarily investigative and that the Act itself provided a comprehensive framework for the exercise of these powers, including mechanisms for review and appeal. The Court distinguished the respondent's role from that of a decision-maker who directly affects the rights or interests of individuals in a final or determinative way. The Court concluded that the Full Federal Court had erred in its application of administrative law principles to the respondent's statutory functions.

Special leave to appeal was granted, and the appeal was allowed. The decision of the Full Federal Court was set aside.