Public Service Association of South Australia Inc v Industrial Relations Commission of South Australia

The High Court of Australia considered an appeal by the Public Service Association of South Australia Inc. (the appellant) against a decision of the Full Court of the Supreme Court of South Australia. The dispute arose when the Industrial Relations Commission of South Australia (the Commission) determined it lacked jurisdiction to hear a matter because there was no "industrial dispute" as defined by the relevant Act. The appellant sought judicial review of this decision, but the Full Court dismissed the summons, interpreting section 206 of the Act as precluding review except for "excess or want of jurisdiction," which it held did not encompass a failure to exercise jurisdiction.

The central legal issues before the High Court were whether a State legislature could prevent a State Supreme Court from exercising judicial review for a wrongful failure to exercise jurisdiction, whether section 206 of the Act purported to do so, and whether the Commission had a duty to exercise its jurisdiction in this instance. The High Court was required to consider the application of the principles established in *Kirk v Industrial Court (NSW)* regarding the defining characteristics of State Supreme Courts under Chapter III of the Constitution and whether the power to issue mandamus to inferior courts and tribunals was such a characteristic.

The High Court reasoned that wrongly denying the existence of jurisdiction constitutes a jurisdictional error, and mandamus is an appropriate remedy for such a denial. The Court held that the principles in *Kirk* precluded a State legislature from preventing a State Supreme Court from reviewing jurisdictional error, including a wrongful failure to exercise jurisdiction. The Court found that section 206 of the Act, as interpreted by the Full Court, did purport to limit the Supreme Court's jurisdiction in a way that was impermissible. The Court concluded that the Commission had a duty to exercise its jurisdiction and that its erroneous finding that no industrial dispute existed was a jurisdictional error.

Consequently, the High Court allowed the appeal, set aside the orders of the Full Court of the Supreme Court of South Australia, and remitted the matter to the Full Court for determination of the appellant's summons for judicial review. The second respondent was ordered to pay the appellant's costs.