Federal Court of Australia
JUDGMENT No. onc? O21 2%. ' ' CATCHWORODS
POLICE - Federal Police Disciplinary Tribunal - search warrants - improper conduct - whether necessary to prove that member charged had knowingly acted improperly
STATUTES - retrospective operation of regulation concerning
standard of proof - whether regulation deals with matters of procedure alone
Complaints (Australian Federal Police) Act (1981) Cth ss 67, 78, 79, subs 11 (4)
Australian Federal Police (Discipline) Regulations rri8s, 19A, Complaints (Australian Federal Police) Regulations r9
Hardcastle v Commissioner of Police (1984) 53 ALR 593 at 597 In re a practitioner of the Supreme Court [1927] SASR 58 at 61 Bercove v Hermes (No.3) (1983) 74 FLR 315
Commissioner of Police v Sloane (Jenkinson J, 25 September 1985, unreported)
Rodway v The Queen (1990) 169 CLR 515 Newell v The King (1936) 55 CLR 707
Attorney-General's Reference No.1 of 1988 (1988) 49 SASR 1
No. SG 46 of 1994 JOHN RAYMOND O'CONNELL v MICHAEL J. PALMER IN HIS CAPACITY AS COMMISSIONER OF POLICE, AUSTRALIAN FEDERAL POLICE
Coram: von Doussa J. O'Loughlin J. Branson J.
Place: Adelaide Date: 28 November 1994
RECEIVED
28 NOV 1994
FEDERAL COURT OF Ll
AUSTRALIA PRINCIPAL REGISTRY
OF AU
wa \2] I<!
GENERAL DIVISION No. SG 46 of 1994 On appeal from the Federal Police
Disciplinary Tribunal constituted
by Mr Michael David QC
BETWEEN: OHN YMOND _O' CONN, Applicant - and - MIC J. CA. Y A SSIO POLICE, AUSTRALIAN FEDERAL POLICE Respondent U ie) RDER CORAM: von Doussa J. O'Loughlin J. Branson J. PLACE: Adelaide DATE: 28 November 1994 THE COURT ORDERS THAT: The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
On appeal from the Federal Police Disciplinary Tribunal constituted by Mr Michael David Qc
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