Trower v Commonwealth

The plaintiff, Trower, a classified officer in the Public Service of Queensland, was appointed Director of Lands in the Northern Territory, with the consent of the Queensland Governor in Council. His appointment was made under Northern Territory Ordinance No. 6 of 1913, which was enacted pursuant to the Northern Territory Acceptance Act 1910 and the Northern Territory (Administration) Act 1910, themselves passed under section 122 of the Constitution. Trower continued in this position until 1921, when the Governor-General in Council dispensed with his services. Trower subsequently brought an action against the Commonwealth, which came before the High Court of Australia.

The legal issues before the High Court were whether Trower had acquired rights under section 60 of the Commonwealth Public Service Act 1902-1918, which he contended provided him with greater protection than section 84 of the Constitution, and whether the Governor-General had the power to dispense with his services. Trower argued that section 60 of the Commonwealth Public Service Act applied to him as a transferred officer, preserving his rights under Queensland public service law, including tenure until age sixty-five. He also contended that section 6 of the Northern Territory Ordinance should not be construed as a grant of power to dismiss at will, but rather as a preservation of existing powers.

The Court held that Trower's appointment was not made under the Commonwealth Public Service Act, but rather under the provisions of Northern Territory Ordinance No. 6 of 1913. The Court found that section 6 of this ordinance expressly reserved the power of the Crown, acting through the central administration, to control the personnel of the Public Service of the Northern Territory, including the right to dispense with the services of any person employed in that service. This reservation was considered fatal to Trower's claim.

Consequently, the High Court formally pronounced judgment, entering judgment for the defendant, the Commonwealth, with costs.