Meldon v Public Sector Management Commission

In the Supreme Court of Queensland, the applicant Trevor Meldon sought to appeal the decision of the Public Sector Management Commission, represented by the first respondent, and Mike Kennedy, the delegate of the Commissioner for Public Sector Equity, the second respondent. Meldon, unsuccessful in his bid to be selected as an Advanced Skill Teacher in the Education Department, argued that the Commission's finding of absence of jurisdiction was incorrect. He contended that his appeal should be excepted from the general exclusion of appeals outlined in paragraph E.2.3 of the Public Sector Management Standard for Fair Treatment of Employees. Furthermore, he claimed the respondent should have recommended an amendment to the Standard to allow for an appeal in cases like his. The court was required to decide if the respondent's finding of absence of jurisdiction was correct, and if the refusal to recommend an amendment to the Standard was reviewable.

Derrington J held that the Tribunal's finding of absence of jurisdiction was correct. The court examined the provisions of the Public Sector Management Commission Act 1990 and the Public Sector Management Standard for Fair Treatment of Employees. The court found that the Standard's exclusion of appeals in relation to the classification level of a position, except in two specific types of cases, applied to Meldon's case. Despite some similarities between Meldon's case and the exceptions, the court held that the express exceptions were so clearly defined that they could not be extended to include other similar cases. Additionally, the court held that the respondent's refusal to recommend an amendment to the Standard was not reviewable, as the respondent had no statutory authority to make such a recommendation. The court dismissed the application and made no order as to costs.