For the past year, I’ve been observing a self-denying ordnance. Back at the end of September 2005, I submitted a complaint to the Liberal Democrats’ Federal Appeals Panel suggesting the Federal President’s decision to appoint a series of “deputy presidents” was ultra vires. Since then, I’ve been resisting the urge to mention the matter publicly.
A couple of weeks ago, the Federal Appeals Panel published its conclusion, following the receipt of the President’s response at the end of October this year, which can be found here. For the record I am content with the conclusions of this ruling and don’t wish to take the matter any further.
Superficially, this looks like a bit of a score draw. On the one hand, the Panel has upheld the substantive part of my argument that the President doesn’t have the power to unilaterally create such posts. On the other hand, the Panel has concluded that the Federal Executive, which does have the power, effectively authorised the creation of these posts, and thus from that point on they became legit.
However, given that my main objective in seeking this ruling was to assert the authority of the FE, I consider this ruling to be a ringing endorsement. There remain, however, a few implications that the party needs to seriously consider.