Minister for Employment, Training (Qld), Ex parte- Justice Black & Ors and McJannet

The applicants, Justice Black and others, sought a writ of prohibition against the Minister for Employment, Training (Qld) and McJannet. The dispute concerned the validity of certain appointments made by the Minister under the *Public Service Act 1922* (Qld). The applicants contended that these appointments were invalid due to a failure to comply with the procedural requirements of the Act. The matter was heard by the High Court of Australia.

The central legal issue before the High Court was whether the appointments made by the Minister were effective, notwithstanding alleged non-compliance with the provisions of the *Public Service Act 1922* (Qld) concerning the consultation and notification of existing public servants. Specifically, the court had to determine if the appointments were void ab initio or merely voidable, and what consequences flowed from any such invalidity.

The High Court, in a joint judgment, held that the appointments were invalid. The Court reasoned that the statutory provisions in question were mandatory, and their non-observance rendered the appointments void. The Court applied the principle that where a statute prescribes a specific procedure for the exercise of a power, and that procedure is not followed, the purported exercise of the power is ineffective. The Court found that the Minister's failure to consult with the Public Service Board and to notify existing officers as required by the Act meant that the appointments did not take legal effect.