Important High Court decision finds public servant's public
political comments in breach of APS Code of Conduct.
Introduction
The High Court has made an important decision, which confirms
that there is not an unfettered right to the implied freedom of
political communication and clarifies that obligations on APS
employees under the Australian Public Service
(APS) Code of Conduct extend beyond conduct in the
workplace, even where anonymous statements are made via social
media.
Facts
An employee working in the Department of Immigration and
Citizenship (the Department) broadcast more than
9000 Tweets under the handle "@LaLegale", some of which
were posted during work hours and were critical of the Department
and its employees, policies and administration, as well as the
Government and Opposition, their policies and members of
Parliament.
