The Queen v Spicer; Ex parte Waterside Workers' Federation of Australia

The High Court of Australia considered an application for a writ of prohibition brought by the Waterside Workers' Federation of Australia against the judges of the Commonwealth Industrial Court. The dispute arose from an appeal lodged by a waterside worker, George Buchan, to the Commonwealth Industrial Court against a decision of the Australian Stevedoring Industry Authority to suspend his registration. The Federation sought to prohibit the Industrial Court from hearing this appeal, arguing that the legislative provision empowering such appeals was invalid.

The central legal issue before the High Court was whether section 37 of the Stevedoring Industry Act 1954-1956, which conferred upon the Commonwealth Industrial Court the power to hear appeals from decisions of the Australian Stevedoring Industry Authority regarding the cancellation or suspension of a waterside worker's registration, purported to vest non-judicial power in a court established under Chapter III of the Constitution. The court was required to determine if the functions conferred by section 37 were of a judicial character, consistent with the constitutional limitations on federal courts.

The Court reasoned that while the Commonwealth Industrial Court is a judicial body, the nature of the power conferred by section 37 was not strictly judicial. The provision allowed the court to confirm, vary, or set aside the authority's decision, but the underlying intention, informed by the history of similar legislation and the broad scope of considerations permitted, was to grant an administrative or industrial power. This power involved a wide discretion, extending beyond the mere ascertainment of facts and application of legal criteria, to encompass policy considerations relevant to the sound administration of the stevedoring industry. Consequently, the Court held that section 37 was invalid as it purported to confer non-judicial functions upon a Chapter III court.

The High Court made the order nisi absolute, issuing a writ of prohibition to restrain the judges of the Commonwealth Industrial Court from further proceedings on the appeal lodged by George Buchan.