ATTORNEY GENERAL — UNFAIR DISMISSAL CASE
783. Ms M.J. DAVIES to the Attorney General:
I refer to the Attorney General's intervention on
behalf of the state to question the power of the Public Service Appeal Board to
summons people—namely, the Minister for Health—to give evidence
in the legal stoush between the minister and his sacked staff.
(1) Why has the Attorney General intervened?
(2) What precedent, if any, is there for this action?
Mr J.R. QUIGLEY
replied:
(1) Yes, I have intervened on the advice I received.
The matter was drawn to my attention by the State Solicitor, who pointed
out to me that this action was on foot and someone was requesting subpoenas be
issued by the Public Service Appeal Board. A concern was expressed that there
was no source of power to issue the subpoenas, so I took further legal advice
from the Solicitor-General, and as a consequence of the advice I received,
without taking sides or addressing the facts of the case, I made a submission
on the law. Might I add that the Public Service Appeal Board accepted the
submission that was made, which was just on a point of law.
(2) As for
precedent for this, there are plenty of precedents both of me and other
Attorneys intervening in cases. I regularly intervene in cases in the High
Court to assist it with proper statutory interpretation.