Judgment No. CCZ 12/2015 18
Const. Application No. 79/14
traditional conception of standing. The interest is therefore the interest of the public as distinct
from the interest of an individual or individuals. A public interest action will usually involve
foregoing personal benefit to benefit a greater good to achieve the goals of social justice.
Sinclair v Mining Warden At Maryborough [1975] 132 CLR 473 at 480.
Whilst acting in the public interest is the imperative for standing under
s 85(1)(d) of the Constitution, the meaning or content of public interest will vary from case to
case depending on the facts and circumstances. Public responsibilities regarded as being in the
public interest in one case may not be so regarded in a different context because facts and
circumstances may differ. The facts may reveal more reasonable and effective methods of
resolving the dispute than bringing the matter to court. The concept is elastic and relative rather
than fixed and absolute. Whether a person is acting in the public interest is a question of fact.
It is an objective test which does not depend for its answer on what the person says. In other
words, the fact that a person says he or she is acting in the public interest is irrelevant to the
determination of the issue. A person is on the facts and in the circumstances of the case either
acting in the public interest or he or she is not.
There are factors by which a court should be able to decide whether or not a
person is genuinely acting in the public interest. Asserting that an action is in the public interest
involves setting oneself up in judgment as to whether the action will benefit the public overall.
To act in the public interest is to act in favour of the broader rather than narrow interests. What
is important is to set out factors or matters to be considered when deciding whether a person is
genuinely acting in the public interest.
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