For six years to 2012, an employee of the Department of Immigration, tweeted approximately 9000 times. The tweets were from her own device. The tweets were critical of immigration policies. The Department found the employee had breached the government Code of Conduct.

In the High Court

The High Court unanimously found the termination of employment was lawful and she was not entitled to compensation. The Court held that the Public Service Act 1999 provisions that effectively placed a burden on the implied freedom of political communication were legitimate and consistent with the system of responsible government.