Public Service Association of South Australia v Federated Clerks Union of Australia South Australia Branch

The Public Service Association of South Australia Incorporated (PSA) sought special leave to appeal from a decision of the Full Commission of the Industrial Commission of South Australia. The Federated Clerks Union of Australia South Australian Branch and the Australian Social Welfare Union were the respondents. The dispute concerned the PSA's application to amend its rules, which had been considered by the Registrar and subsequently by the Full Commission.

The High Court was required to determine whether the Full Commission had erred in law when considering the PSA's application for special leave to appeal from the Registrar's decision. Specifically, the court needed to consider whether any error made by the Full Commission went to its jurisdiction, thereby providing a basis for the High Court's intervention. A key issue was the distinction between an error of law made within jurisdiction and an error that is jurisdictional in nature.

The respondents conceded that the line between these types of errors can be difficult to draw and that the authorities on the matter are complex. However, they argued that this case was not the appropriate vehicle for the High Court to definitively address this issue. The respondents contended that, regardless of the precise test applied, the error made by the Full Commission in considering the application for special leave was one that went to jurisdiction. This argument was met with judicial questioning regarding whether the Registrar's application of tests such as "prejudicially affect" or "conveniently belong" involved discretionary judgments rather than questions of fact, and whether misapplying such a test constituted jurisdictional error.