Anderson v Sullivan [1997] FCA 1008

FEDERAL COURT OF AUSTRALIA ADMINISTRATIVE LAW - Police - Reasonable suspicion drug testing - Whether power to direct member to provide urine sample - Source of power - Whether decision to direct vitiated by error - Whether authorised under general order - Meaning of "produce a thing". POLICE - Reasonable suspicion drug testing - Whether power to direct member to provide urine sample - Whether authorised at common law - whether direction lawful and reasonable - distinctive nature of police force - directions that relate to "off duty" activities subject to particular scrutiny - possible self incrimination not ground for refusal to comply. ADMINISTRATIVE LAW - Decision maker misapprehended the source but not the nature of his power - Misapprehension did not invalidate the exercise of the power - Wednesbury unreasonableness - Wednesbury test to be applied to the information actually before the decision maker - unreasonable failure to make inquiries to be judged in light of the information that should have been acquired, not information that could have been acquired - "Reasonable suspicion" less than reasonable belief - must have some factual basis. Administrative Decisions (Judicial Review) Act 1977 (Cth) s3 Judiciary Act 1903 (Cth) s39B Australian Federal Police Act 1979 (Cth) ss13 and 14 - General Order 6 - Australian Federal Police (Discipline) Regulations reg 5 Coco v The Queen (1994) 179 CLR 427 (considered) Public Service Board v Morris (1985) 156 CLR 397 (applied) Mercantile Mutual Life Co Ltd v Australian Securities Commission (1993) (applied) McManus v Scott-Charlton (1996) 140 ALR 625 (followed) Commissioner of Police v Justin (1991) 55 SASR 547 (followed) Chambers v Wooley (1996) 6 Tas SR 41 (followed) Sellar v Woods (1982) 45 ALR 113 (referred to) R v Darling Island Stevedoring and Lighterage Co Ltd; Ex parte Halliday and Sullivan (1938) 60 CLR 601 (considered) National Treasury Employees Union v Von Raab 489 US 656 (1989) (referred to) American Federation of Government Employees, AFL-CI0, Local 2391 v Martin 969 F 2d 788 (1992) (referred to) Associated Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 (considered) George v Rockett (1990) CLR 104 (followed) Luu v Renevier (1989) 91 ALR 39 (considered) Royal Commission into the New South Wales Police Service, Final Report, Volume II (referred to) JAMES WALLACE ANDERSON (Applicant) v LINDA MARGARET SULLIVAN (First Respondent), JIM ALLEN (Second Respondent), JOHN LAWLER (Third Respondent) ACTG41 of 1997 FINN J CANBERRA 24 SEPTEMBER 1997