Secretary of the Ministry of Health v Australian Paramedics Association (NSW)

The Secretary of the Ministry of Health initiated judicial review proceedings against the Australian Paramedics Association, seeking to challenge a recommendation made by the Industrial Relations Commission. The dispute arose from the Commission's recommendation that Aeromedical Control Centre Officers should be paid a duty of care allowance. The issue before the court was whether the Commission's request for written submissions on the interpretation of the relevant legislation breached the principle of procedural fairness. Additionally, the court had to determine whether certiorari could be granted against the Commission's recommendation in arbitration and whether the prerogative and declaratory relief was available.

The court found that the Commission's request for written submissions did not constitute a denial of procedural fairness. The court held that there was no error of law on the face of the record in the Commission's request, and therefore, no jurisdictional error was made. The court further held that the recommendation made by the Commission in arbitration was not legally binding and had no legal consequences, and therefore, an order in the nature of certiorari could not lie against it. The court also found that the prerogative and declaratory relief was discretionary and the discretion was exercised not to grant relief.

The court dismissed the application for judicial review. The Secretary of the Ministry of Health was ordered to pay the Australian Paramedics Association's costs of the proceeding.