Law 314 Constitutional Law Tutorial Eight - Separation of Powers and Boilermakers - Macquarie University (Convenor: Dr Joel Harrison) For group discussion: Part 1 What special reasons might exist to ensure the separation of judicial powers from the legislative and executive powers? What are the two limbs of the Boilermakers' principle? Part 2 The Commonwealth establishes the Workplace Harassment Tribunal to deal specifically with the increasing problem of workplace harassment.* The Tribunal has powers to launch general investigations into industries, make recommendations, do advertising campaigns, and hear individual complaints. Under the Workplace Harassment Act 2015 (Cth), when a complaint is lodged, the Tribunal must give notice to the other party and then proceed to a hearing (s 4). It must then hear evidence from the parties that turn up (s 5). Following this, it must make one or more of the following determinations (s 8): Dismiss the complaint; Order sensitivity training; Order monetary compensation; Order an apology. Parties have 30 days to comply with the order. They may appeal the order to the Federal Court, which will hold a de novo (entirely new) hearing. If the order is not appealed, the Tribunal may enforce its decision through further fines. The Tribunal makes an order against your client, Biff Tannen. Advise him. *An aside. Ask yourself: what head of power do you think the Commonwealth would use? Part 3 The 'involuntary detention of a citizen in custody by the State is penal or punitive in character and ... exists only as an incident of the exclusively judicial function of adjudging and punishing criminal guilt' (1992) 176 CLR 1, 27 (Brennan, Deane and Dawson JJ). Do you think this is right