Rojgar Job News

Implied freedom of political communication justifiably restricted by the constraints on APS employees in their public comments. On 7 August 2019, the High Court of Australia handed down its decision in Comcare v Banerji , confirming that the implied freedom of political communication was justifiably restricted by the Australian Public Service (APS) Code of Conduct and related legislation. Ms Banerji was an employee of the then Department of Immigration and Citizenship and under the pseudonym LaLegale had posted a number of tweets critical of the Government and of the Department’s policies and actions in relation to immigration generally and particularly offshore immigration detention centres. The posts were sent from a personal device and almost entirely in her own time. The Department terminated her employment for breach of the APS Code of Conduct and the Public Service Act 1999 (Cth), which both provide in effect that APS employees must uphold APS’ values, integrity and re...