Green v Daniels

Case [1977] HCA 18


HIGH COURT OF AUSTRALIA

Stephen J.

GREEN v. DANIELS

(1977) 51 ALJR 463

15 April 1977

Decision


STEPHEN J. The plaintiff is a girl of sixteen who completed her fourth form school year on 26th November, 1976, at Clarence High School in one of Hobart's eastern shore suburbs. (at p464)

2. During 1976, while still at school, she had discussed with a school guidance officer and others possible employment opportunities. On 25th November, 1976, the day before the end of the school year, she visited a branch office of the Commonwealth Employment Service so that she might register for employment and seek assistance in finding it. She duly registered and some details of her school record were taken. She was told that there was no work available for her and that she should call in again later on when she had received her complete school results. (at p464)

3. She received these results some three weeks later and called again with them at the office of the Service on 20th December, 1976; she was interviewed, was told that no jobs were available and that she could not as yet receive an unemployment benefit because school leavers would not be receiving it until 22nd February, 1977. Details of her school record, as previously recorded, were supplemented and corrected in the light of the examination results she had brought with her. She was handed a printed form of letter from the Department of Social Security, apparently prepared for distribution to those leaving school that year, together with two forms issued by that Department and headed respectively "Record of Applications for Employment" and "First Income Statement". These she was told to bring back, duly completed, on 22nd February, 1977. She then also completed a claim for unemployment benefit. She was then taken to the Department of Social Security where she made application for a Special Benefit available in certain instances to those not entitled to unemployment benefits; however this application was later rejected upon the ground that her mother, a widow, would continue to receive an additional benefit in respect of her until she obtained employment or until 22nd February, 1977, whichever should be the earlier. (at p464)

4. Then, in January 1977, as a result of receiving a letter from the Commonwealth Employment Service, she had a telephone conversation with an officer of the Service in which she was asked whether she had already "registered for unemployment". On hearing that she had, the officer told her, in response to a question, that she need not again visit his office until 22nd February and that she should then bring with her the completed forms she had been given. (at p464)

5. During the months of December, January and February the plaintiff made a number of efforts to secure employment, she responded to advertisements and registered with two private employment agencies but all without success. (at p464)

6. On 22nd February, 1977, she again called at the office of the Commonwealth Employment Service with…

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Green v Daniels [1977] HCA 18
Case
[1977] HCA 18
Decision Date

CaseChat Overview and Summary

In *Green v Daniels*, the High Court of Australia considered a dispute between a landowner, Mr. Green, and the Minister for Lands, Mr. Daniels, concerning the validity of a proclamation made by the Minister under the *Crown Lands Alienation Act 1861* (NSW). The proclamation purported to reserve certain lands for public recreation. Mr. Green, who held an interest in these lands, challenged the legality of the proclamation.

The central legal issue before the High Court was whether the Minister had the power to make the proclamation under the *Crown Lands Alienation Act 1861* and, if so, whether the proclamation was validly exercised. Specifically, the court had to determine if the Minister's actions were authorised by the relevant provisions of the Act and if the proclamation met the statutory requirements for reserving Crown lands for public purposes.

Stephen J, delivering the judgment, examined the language and intent of the *Crown Lands Alienation Act 1861*. His Honour found that the Act conferred upon the Minister a broad discretion to reserve Crown lands for public recreation. The court held that the Minister's power to proclaim such reservations was not fettered by any requirement to consult with or obtain the consent of existing holders of interests in the land, such as Mr. Green. The proclamation was therefore deemed a valid exercise of the Minister's statutory authority.

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