Federal Court of Australia
CATCHWORDS
Administrative law - judicial review - Australian
Federal Police - promotion therein - appellant
formerly a member of the Commonwealth Police -
appointed to Australian Federal Police - appeliant formerly eligible for promotion in Commonwealth
Police without any requirement that he pass qualifying examination - qualifying examination required as condition of promotion to higher rank in Australian Federal Police - construction of s. 74 of Australian Federal Police Act 1979 which provides that the terms
and conditions of service of a member of the Australian Federal Police be deemed to be the terms and conditions of service that were formerly applicable to him as a member of another force ~ whether appellant's entitlement to be considered for promotion without further qualifying examination a term or condition of employment for the purpose of s. 74 - resort to explanatory memorandum and
second reading speech for purpose of ascertaining mischief
to which statutory provision directed.
Australian Federal Police Act 1979, ss. 25, 26, 30, 31,
36, 40, 46, 72- 78.
Australian Federal Police Regulations 5, 6, 7 and 9
Commonwealth Police Act 1957
PAUL DENISON WESTWOOD v. EDWARD STANLEY LIGHTLY & ORS.
No. G282 of 1983 Coram: Sheppard, Neaves and Kirby JJ. 6 April 1984
Sydney
IN THE FEDERAL COURT OF AUSTRALIA) )
) ) )
NEW SOUTH DISTRICT REGISTRY No. G282 of 1983
GENERAL DIVISION
On Appeal from The Federal Court
of Australia constituted by a single judge
BETWEEN
PAUL DENISON WESTWOOD
Appellant AND
EDWARD STANLEY LIGHTLY, DERECK JOHN BARRETT and LESLIE BURROWS, members of the Australian Federal Police Promotion Appeals Board
First Respondents
THE COMMISSIONER OF POLICE
Second Respondent
ORDER JUDGES MAKING ORDER: Sheppard, Neaves and Kirby JJ. DATE OF ORDER: 6 April 1984 WHERE MADE: Sydney
THE COURT ORDERS THAT:
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