Marshall v Dir-Gen Dept of Transport

The High Court of Australia considered the appeal of Mr Marshall against a decision of the Director-General of the Department of Transport. The dispute concerned the validity of a notice issued by the Director-General under section 131(1) of the *Road Transport (General) Act 1999* (NSW) requiring Mr Marshall to undergo a medical examination. Mr Marshall contended that the notice was invalid because it was not issued by the Director-General personally, but by an officer of the Department acting under a delegation.

The central legal issue before the High Court was whether the Director-General had the power to delegate the function of issuing a notice under section 131(1) of the *Road Transport (General) Act 1999* (NSW) to another officer. This required the Court to interpret the relevant provisions of the Act, particularly section 131(1) itself and any provisions relating to delegation of powers within the Department.

The Court held that the Director-General did not have the power to delegate the function of issuing a notice under section 131(1). The Court reasoned that the language of section 131(1) indicated a personal duty imposed upon the Director-General, which could not be delegated unless the Act expressly provided for such delegation. As there was no express provision for delegation of this specific power, the notice issued by the delegate was invalid. The Court applied the principle that statutory powers are generally personal and not delegable unless the statute permits otherwise.

Consequently, the High Court allowed the appeal and set aside the notice issued by the Director-General.