Schokker, Hank Bernard v Commissioner, Australian Federal Police [1997] FCA 161

CATCHWORDS ADMINISTRATIVE LAW - judicial review - person aggrieved - applicant seeking to review decision not to investigate complaint - whether applicant has standing - possibility investigation could establish evidence illegally obtained - possibility it could affect applicant's personnel record - whether such possibilities too remote Administrative Decisions (Judicial Review) Act 1977 (Cth), s3, s5, s13 Australian Federal Police Act 1979 (Cth), s8, s9 Commonwealth Crimes Act 1914 (Cth), s70 Crimes Act 1914, s29B Freedom of Information Act 1982 (Cth) Income Tax Assessment Act 1936 (Cth), s16 Public Service Act 1922 (Cth) Australian Conservation Foundation Inc v The Commonwealth (1980) 146 CLR 493 Australian Foreman Stevedores Association v Crone (1988) 20 FCR 377 Australian Institute of Marine and Power Engineers v Secretary, Department of Transport (1986) 13 FCR 124 Broadbridge v Stammers (1987) 76 ALR 339 Bunning v Cross (1978) 141 CLR 54 Commissioner of Taxation v Schokker (Full Court, 17 October 1996, unreported) Oatmont Pty Ltd v Australian Agricultural Co Ltd (1991) 75 NTR 1 Ogle and Anor v Strickland and Ors (1987) 71 ALR 41 Onus v Alcoa of Australia Ltd (1982) 149 CLR 27 R v Inland Revenue Commissioner; ex parte National Federation of Self‑Employed and Small Businesses Ltd [1982] AC 617 Smiles v Federal Commissioner of Taxation (1992) 107 ALR 439 Smiles v Federal Commissioner of Taxation (1992) 109 ALR 449 Rice Growers Co‑operative Mills Ltd v Bannerman and Anor (1981) ATPR 40‑262 Right to Life Association (NSW) Inc v Secretary, Department of Human Services and Health (1995) 56 FCR 50 Tooheys Limited v The Minister for Business and Consumer Affairs (1981) 36 ALR 64 at 79 HANK BERNARD SCHOKKER v COMMISSIONER, AUSTRALIAN FEDERAL POLICE NO WAG 171 OF 1996 R D NICHOLSON J PERTH 12 MARCH 1997 IN THE FEDERAL COURT OF AUSTRALIA ) WESTERN AUSTRALIA DISTRICT REGISTRY) GENERAL DIVISION ) NO WAG 171 OF 1996 B E T W E E N:HANK BERNARD SCHOKKER Applicant and COMMISSIONER, AUSTRALIAN FEDERAL POLICE Respondent MINUTE OF ORDER JUDGE MAKING ORDER:R D NICHOLSON J DATE OF ORDER:12 MARCH 1997 WHERE MADE:PERTH THE COURT ORDERS THAT: 1.The respondent's motion for dismissal be refused. 2.The respondent pays the applicant's costs on the motion. Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.