Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Day v Commissioner of Australian Federal Police [2000] FCA 398 POST & TELECOMMUNICATIONS – intercepted telecommunications – whether disclosure by the Australian Federal Police to another Commonwealth agency of lawfully intercepted telecommunications to assist the conduct of disciplinary proceedings is a permitted use of the information within and pursuant to the Telecommunications Interception Act 1979 (Cth)
employment LAW – PUBLIC SERVICE – whether use by one Commonwealth agency of the contents of telecommunications lawfully intercepted by another agency to commence or continue disciplinary proceedings against an employee is a permitted use of the information within and pursuant to the Telecommunications Interception Act 1979 (Cth) Judiciary Act 1903 (Cth) s 39B Public Service Act 1922 (Cth) Telecommunications Interception Act 1979 (Cth) ss 5, 5B, 6G(1), 63(1), 67, 68, 74(1), 105, 107A John Fairfax Publications Pty Ltd v Doe (1995) 37 NSWLR 81, referred to Taciak v Commissioner of Australian Federal Police (1995) 131 ALR 319, distinguished SHANE ANTHONY DAY v COMMISSIONER OF AUSTRALIAN FEDERAL POLICE, THE COMMONWEALTH OF AUSTRALIA, KAREN SUZANNE WILLIAMS & PETER THOMSON N 830 OF 1999 EINFELD J 31 MARCH 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 830 OF 1999
BETWEEN: SHANE ANTHONY DAY
Applicant
AND: COMMISSIONER OF AUSTRALIAN FEDERAL POLICE
First Respondent
THE COMMONWEALTH OF AUSTRALIA
Second Respondent
KAREN SUZANNE WILLIAMS
Third Respondent
PETER THOMSON
Fourth Respondent
JUDGE: EINFELD J
DATE OF ORDER: 31 MARCH 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. the applicant's amended application of 13 October 1999 be dismissed 2. the applicant pay the respondents' costs
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