Comcare v Banerji
| Jurisdiction | Australia Federal only |
| Judge | Kiefel CJ,Bell,Keane,Nettle JJ.,Edelman J. |
| Judgment Date | 07 August 2019 |
| Neutral Citation | [2019] HCA 23 |
| Court | High Court |
| Docket Number | C12/2018 |
| Date | 07 August 2019 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Start Your 7-day Trial
10 cases
-
Pattinson v Australian Building and Construction Commissioner
...Glass (No 2) (1985) 3 NSWLR 230 Cassell & Co Ltd v Broome [1972] AC 1027 Chester v The Queen [1988] HCA 62; 165 CLR 611 Comcare v Banerji [2019] HCA 23; 372 ALR 42 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; 258 CLR 482 Construction, Forestr......
-
Pauga v Chief Executive of Queensland Corrective Services (No 6)
...FCR 121 Chan v Minister for Justice and Customs [2001] FCA 170; (2001) 108 FCR 65 Coco v The Queen (1994) 179 CLR 427 Comcare v Banerji [2019] HCA 23; (2019) 267 CLR 373 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Commonwealth of Australia v AJ......
-
Australian Broadcasting Corporation v Kane (No 2)
...93 ALJR 448 Cody v J H Nelson Pty Ltd [1947] HCA 17; (1947) 74 CLR 629 Coleman v Power [2004] HCA 39; (2004) 220 CLR 1 Comcare v Banerji [2019] HCA 23; (2019) 93 ALJR 900 Dasreef Pty Ltd v Hawchar [2011] HCA 21; (2011) 243 CLR 588 Deputy Commissioner of Taxation v Clark [2003] NSWCA 91; (20......
-
Mackie v Minister for Home Affairs
...(2017) 252 FCR 352 Coco v The Queen [1994] HCA 15; (1994) 179 CLR 427 Coleman v Power [2004] HCA 39; (2004) 220 CLR 1 Comcare v Banerji [2019] HCA 23; (2019) 267 CLR 373 [2020] FCA 1855 DQM18 v Minister for Home Affairs [2020] FCAFC 110; (2020) 278 FCR 529 Evans v State of New South Wales ......
Get Started for Free
10 firm's commentaries
-
Keeping the High Court decision in Comcare v Banerji in perspective
...High Court decision in Comcare v Banerji [2019] HCA 23, which relates to tweets by a Commonwealth public servant (tweeted under the handle @LaLegale) about government policies, has been handed The court held that various sections of the Public Service Act 1999 (Cth) (Act), relating to the A......
-
High Court rules on social media and free speech
...Court rules in favour of employer in social media freedom of political communication case Comcare v Banerji [2019] HCA 23 A public servant sacked for publishing 1000's of anonymous tweets criticising her employer has failed in her bid to challenge her dismissal as a breach of the implied fr......
-
Government employees do not have the implied right to freedom of political communication
...v Michaela Banerji [2019] HCA 23 The implied right to freedom of political communication can be a complex issue for employees. Finding the balance between workplace policies and the ambiguity of "freedom of speech" can be tricky, especially within the context of social media use. In some ci......
-
Damage To An Employer's Reputation Can Trump Free Speech And Justify Dismissal
...to share her personal views on Twitter on an anonymous basis after hours was recently examined in the High Court case, Comcare v Banerji [2019] HCA 23 (7 August It is now clear that public servants tweeting after hours is regulated by the Public Service Act 1999 (Cth) (Act) and the Australi......
Get Started for Free
4 books & journal articles
-
The Engineers Case Centenary: SCOTUS and the Origins of Australia's Scabrous Constitutional Signature
...See also Kieran Pender, ‘ A Powerful Chill?’ Comcare v Banerji [2019] HCA 23 and the political expression of public servants , Australia Public Law (Aug. 28, 2019), https://auspublaw. org/2019/08/a-powerful-chill-comcare-v-banerji-2019-hca-23/. 522 Momcilovic , 245 CLR at 155 (Austl.). 523 ......
-
The Ethos of Protection for Freedom of Religion or Belief in Australian Law
...v New South Wales [2015] HCA 34; Brown v Tasmania [2017] HCA 43; Clubb v Edwards; Preston v Avery [2019] HCA 11. 50 Comcare v Banerji [2019] HCA 23, [164]-[166] (Edelman J). 51 McCloy v New South Wales [2015] HCA 34, [2] (French CJ, Kiefel, Bell and Keane JJ). 52 Ibid (footnotes and citatio......
-
Constitutional Text, Authorial Intentions and Implied Rights: A Response to Allan and Arcioni
...JJ).45. (2017) 261 CLR 328 (‘Brown’).46. (2015) 257 CLR 178 (‘McCloy’).47. See also Clubb v Edwards [2019] HCA 11; Comcare v Banerji [2019] HCA 23.Crowe political discourse in Australia,48while the judges in Roach pay close attention to the constitu-tional and legislative history of limitat......
-
Public Servants and the Implied Freedom of Political Communication
...a communicationcan be relevant to a decision about its constitutionality. Respectful disagreement will be expressed 2. Comcare v Banerji [2019] HCA 23 (‘Banerji’); Kieran Pender, ‘A Powerful Chill: Comcare v Banerji and the Expression of Public Servants’ on AUSPUBLAW (28 August 2019), https......