Banerji used the Twitter handle “LaLegale” to
send more than 9,000 tweets in six years while
she was employed by what was then called
the Department of Immigration and Border
Protection from 2006 and 2012. The tweets
were often critical of government policies, such
as banishing refugees who attempt to reach
Australia by boat to camps on the poor Pacific
island nations of Papua New Guineas and Nauru.
A department investigation discovered
that Banerji was behind the tweets and had
breached the Australian Public Service Code
of Conduct, which demands civil servants
appear to be politically impartial. Her job was
terminated in September 2013.
The next month, she lodged a claim for workers’
compensation for a post-traumatic stress
disorder that she blamed on her termination.
The claim was refused because her termination
was deemed a “reasonable administrative action.”
Banerji appealed that decision in a public service
court known as the Administrative Appeals
Tribunal, arguing that her tweets were “entirely
anonymous,” did not disclose departmental
information, were sent from her personal phone
and outside office hours.
The Australian Constitution does not explicitly
protect freedom of expression. But the High
Court has previously ruled that an implied
freedom of political communication exists in
Australia because that is essential in a democracy.
The tribunal upheld her appeal and her right
to political communication, but the High Court
decision rules out the prospect of compensation.
A tearful Banerji said outside court that she
pursued the case “to affirm the role of this
freedom of speech for public servants and
we failed.”
vip2019
(vip2019)
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