Houssein v Under Secretary of Industrial Relations and Technology (NSW)

The High Court of Australia considered an appeal by Mr. Houssein against a decision of the Supreme Court of New South Wales, which had upheld a decision of the Under Secretary of Industrial Relations and Technology (NSW). The dispute concerned the validity of a notice issued by the Under Secretary under the *Public Service Act 1902* (NSW) purporting to terminate Mr. Houssein's employment as a public servant.

The central legal issue before the High Court was whether the Under Secretary had the power to issue the notice of termination. Specifically, the Court had to determine if the Under Secretary was a "prescribed authority" for the purposes of section 56(1) of the *Public Service Act 1902* (NSW), which stipulated that a public servant could be dismissed by a prescribed authority. The Court also considered whether the notice itself was validly issued, even if the Under Secretary was not a prescribed authority, by examining the principles of delegation and the effect of the *Interpretation Act 1897* (NSW).

The Court reasoned that the Under Secretary was not a "prescribed authority" within the meaning of section 56(1) of the *Public Service Act 1902* (NSW). Their Honours noted that the Act did not expressly designate the Under Secretary as such, nor did any regulation or proclamation made under the Act confer that status. Consequently, the Under Secretary lacked the statutory power to dismiss Mr. Houssein under that section. Furthermore, the Court found that the notice of termination was invalid because it was not issued by a person or body with the requisite statutory authority, and there was no valid delegation of power to the Under Secretary to perform this function.

The High Court allowed the appeal and ordered that the notice of termination issued by the Under Secretary be quashed.