R v Booth; Ex parte Administrative & Clerical Officers' Association

The Administrative and Clerical Officers' Association (ACOA) sought a writ of prohibition against R. Booth, the Registrar of the Commonwealth Court of Conciliation and Arbitration, to prevent him from proceeding with a deregistration inquiry into the ACOA. The inquiry was initiated following allegations that the ACOA had engaged in conduct contrary to the public interest, specifically by instructing its members to refuse to handle certain documents. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the Registrar had the power to initiate a deregistration inquiry under the relevant provisions of the Public Service Arbitration Act 1920 (Cth) and the Conciliation and Arbitration Act 1904 (Cth) based on the alleged conduct of the ACOA. Specifically, the court had to determine if the Registrar's power to inquire into conduct contrary to the public interest extended to the actions of a registered organisation instructing its members to refuse to handle documents, and if such an inquiry could be commenced without prior notice to the organisation.

The High Court, in a majority decision, held that the Registrar did possess the power to initiate such an inquiry. The court reasoned that the Registrar's duty to ensure that registered organisations acted in accordance with the law and the public interest was broad. The refusal to handle documents, as alleged, could be considered conduct contrary to the public interest, particularly if it interfered with the proper functioning of government administration. The court further found that the Act did not require the Registrar to give prior notice to an organisation before commencing an inquiry into its conduct.

The application for a writ of prohibition was accordingly dismissed.