Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Day v Douglas
[1999] FCA 1444
ADMINISTRATIVE LAW – application pursuant to the Administrative Decisions (Judicial Review) Act 1977 (Cth) to review a decision of a Disciplinary Appeal Committee under s 63D of the Public Service Act 1922 (Cth) ("the Act") affirming a decision that the applicant was guilty of a charge of misconduct – applicant is an officer of the Australian Customs Service – whether applicant failed to fulfil his duty as an officer by engaging in improper conduct as an officer under s 56(d) of the Act – whether applicant's conduct was conduct "as an officer" – whether the conduct complained of was "improper" Public Service Act 1922 (Cth) ss 55, 56, 56(d), 56(e), 61(2), 62(1), 62(6), 63D Administrative Decisions (Judicial Review) Act 1977 (Cth)
Crimes Act 1914 (Cth), s 3H(1)
Public Service Regulations (Amendment – Interim Reforms) 1998 (Cth), reg 7 McManus v Scott-Charlton (1996) 70 FCR 16, cited Canadian Pacific Tobacco Co Ltd v Stapleton (1952) 86 CLR 1, referred to Herscu v The Queen (1991) 173 CLR 276, referred to Commonwealth v Connell (1986) 5 NSWLR 218, referred to Tiger Nominees Pty Ltd v State Pollution Control Commission (1992) 25 NSWLR 715, cited Canterbury Bankstown Rugby League Football Club Ltd v Rogers (1993) Aust Torts Reports 81-246, cited Prior v State of New South Wales [1998] NSWSC 633, cited Lackersteen v Jones (1988) 92 FLR 6, cited Hamilton v Halesworth (1937) 58 CLR 369, cited Karina Fisheries Pty Ltd v Mitson (1990) 26 FCR 473, cited Ousley v The Queen (1997) 192 CLR 69, cited SHANE ANTHONY DAY v MR M DOUGLAS, MS J EUTICK, MR S ANDERSON, COMPRISING A DISCIPLINARY APPEAL COMMITTEE, and THE COMMONWEALTH OF AUSTRALIA N 528 of 1999 GYLES J SYDNEY 22 OCTOBER 1999
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 528 OF 1999
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