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'Comcare v Banerji': Public servants and political communication

Kieran Pender

The Sydney Law Review2019article
ABDC A*
Weight
0.66

Abstract

In March 2019 the High Court of Australia will, for the first time, consider the constitutionality of limitations on the political expression of public servants. 'Comcare v Banerji' will shape the Commonwealth of Australia's regulation of its 240 000 public servants and indirectly impact state and local government employees, cumulatively constituting 16 per cent of the Australian workforce. But the litigation's importance goes beyond its substantive outcome. In Comcare v Banerji', the High Court must determine the appropriate methodology to apply when considering the implied freedom of political communication's operation on administrative decisions. The approach it adopts could have a significant impact on the continuing development of implied freedom jurisprudence, as well as the political expression of public servants.

5 citations

Cite this paper

@article{kieran2019,
  title        = {{'Comcare v Banerji': Public servants and political communication}},
  author       = {Kieran Pender},
  journal      = {The Sydney Law Review},
  year         = {2019},
}

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'Comcare v Banerji': Public servants and political communication

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Evidence weight

0.66

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.89 × 0.4 = 0.35
M · momentum0.56 × 0.15 = 0.08
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.