Australian Immigration Daily News

In the period 2006 to 2012, Ms Banerji, an employee of the then Department of Immigration and Citizenship, tweeted approximately 9000 times under the handle "LeLegale". These tweets were largely posted in her own time and from her own device. Her tweets were critical of the Department and its immigration policies. After conducting a Code of Conduct investigation, the Department found Ms Banerji had breached the APS Code of Conduct.

The High Court decision

The Commonwealth appealed the AAT decision to the High Court, who unanimously found that Ms Banerji’s termination of employment was not unlawful and she and was not entitled to compensation under the SRC Act. The High Court stated that the relevant Public Service Act 1999 provisions that effectively placed a burden on the implied freedom of political communication were for a "legitimate purpose" consistent with the system of representative and responsible government in the Constitution.

Ms Banerji also argued the Code of Conduct did not apply to her tweeting activity because she tweeted under a pseudonym. However, a majority of the judges said there was no reason why anonymous comment could not result in a breach of the Code of Conduct or damage the reputation of the APS. The court also rejected Ms Banerji’s argument that decision makers needed to take into account the implied freedom of political communication when making considering alleged breaches of the Code of Conduct.

Source: Comcare-v-Banerji.pdf