Federal Court of Australia
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CATCHWORDS
Police - Federal Police Disciplinary Tribunal - Disciplinary offences - Appeal on question of law - Statutory direction that question of law to include whether sufficient evidence to justify a,finding of fact by Tribunal - Tribunal not bound by the rules of evidence - Scandard of proof required - Examination of nature and sufficiency of the evidence upon which the Tribunal acted ~ Role of appellate court - Credibility of witnesses a matter for Tribunal - Meaning of "matter" in regulation 15 of the Australian Federal Police (Discipline) Regulations - Whether necessary to prove knowledge of the "matter" on the part of the member - Lack of conformity between particulars of the disciplinary offence
and the findings made by the Tribunal
Complaints (Australian Federal Police) Act 1981, sections 78,79
Australian Federal Police (Discipline) Regulations, regulations 15 and 18(1)
Secanes v. Commissioner of Police for the Australian Capital Territory (1974) 3° A.C.T.R. 20
Briginshaw v. Briginshaw (1938) 60 C.L.R. 336 Gardiner v. Land Agents Board (1976) 12 S.A.S.R. 458
RONALD ALAN HARRIS v. THE COMMISSIONER OF POLICE
No. V Gi41 of 1983
Keely, McGregor and Neaves JJ. 21 February 1984 Melbourne
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PREC ee) Ss Se a
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIAN DISTRICT REGISTRY No. V G141 of 1983
GENERAL DIVISION
ON APPEAL FROM A DECISION OF THE FEDERAL POLICE DISCIPLINARY TRIBUNAL
BETWEEN : RONALD ALAN HARRIS Appellant AND: THE COMMISSIONER OF
POLICE (AUSTRALIAN FEDERAL POLICE)
Respondent ORDER CORAM: Keely, McGregor and Neaves JJ. DATE: 21 February 1984 WHERE MADE: Melbourne
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