C v T & Ors [1995] FCA 474

CATCHWORDS ADMINISTRATIVE LAW - judicial review - whether the making of findings and recommendations by an Investigating Officer under the Defence (Inquiry) Regulations involved decisions within the Administrative Decisions (Judicial Review) Act 1977 - whether, if not, the principle of Luu v. Renevier (1989) 91 ALR 39 at 49-50 was applicable to proceedings under s. 39B of the Judiciary Act 1903 - whether decisions were relevantly unreasonable - circumstances in which decision-maker was bound to seek further information - whether decision of an expert tribunal dealing with the same question was a matter decision-maker was bound to take into account - whether acceptance of resignation of Air Force officer could be revoked - whether decision was affected by bias.

CRIMINAL LAW - nature of consent in sexual assault charge - nature of the mens rea involved - effect of drunkenness of the party alleged to have been assaulted.

EVIDENCE ) PRIVILEGE) - privilege against self-incrimination - effect of claiming - whether the fact that privilege had been claimed was improperly taken into account against the witness - requirement of law that proof in a civil proceeding of an act amounting to a criminal offence be clear and cogent. Administrative Decisions (Judicial Review) Act 1977 Judiciary Act 1903, s. 39B Defence Force Discipline Act 1982, s. 61 Defence (Inquiry) Regulations, regs. 50, 69, 70-75 and 78 Air Force Regulations, reg. 73 "X" v. McDermott (1994) 51 FCR 1 Dolan v. Australian and Overseas Telecommunications Corporation (1993) 42 FCR 206 Pappas v. New World Oil Developments Pty Limited (1993) 43 FCR 594 Svikart v. Stewart (1994) 69 ALJR 35 McMaster v. The Queen, 21 March 1994, Court of Criminal Appeal of the Northern Territory, Thomas and Priestley JJ. and Gray A.J. R v. Francis [1993] 2 Qd R 300 R v. Lambert [1919] VLR 205 Regina v. Linekar [1995] 2 WLR 237 R v. Bonora (1994) 35 NSWLR 74 Papadimitropoulos v. The Queen (1956) 98 CLR 249