The statutory rights of public servants : the experience of officers of the Commonwealth Public Service of Australia

Abstract

The universal growth of governmental activities and the consequent expansion of public employment since the advent of the industrial revolution have extended the special relationship between the government and its employees to an increasing proportion of the workforce. While the rights and obligations of public employees are identical to those of private employees in many respects, there are important differences which set them apart. The origin, extent, nature and justification of these differences are attracting greater interest on the part of both official and staff sides but the subject is complicated by difficulties of definition and conflicting concepts of rights. It does not seem to belong to a single discipline although the main body would properly belong to the realm of administrative law, as the rights and obligations of public employees involve delegated legislation, administrative tribunals and judicial review of administrative discretion. In common law countries, this specialised aspect of administrative law has been largely confined to the bare outlines of judicial decision, leaving the interpretation of rights and obligations virtually untouched. This study of the rights and obligations of Commonwealth public servants in Australia has a twofold purpose - to raise some of the wider issues involved and to explore a relatively neglected area in Australian administrative law.