Dickson v Whiddett [2001] FCA 585

FEDERAL COURT OF AUSTRALIA

Dickson v Whiddett [2001] FCA 585

ADMINISTRATIVE LAW –review of decision to end fixed-term appointment of member of Australian Federal Police early – internal submission provided to decision-maker – no statement by decision-maker of reasons for decision – whether failure to take into account relevant considerations – alleged errors and omissions in submission – whether applicant could establish particular findings were made – whether irrelevant considerations taken into account – no evidence – alleged non existence of certain facts referred to in submission – unreasonableness – alleged perverse finding of fact in submission – procedural fairness – failure to disclose to applicant adverse allegations contained in submission – error of law ADMINISTRATIVE LAW – remedy for breach of natural justice when applicant's fixed term of employment expired STATUTE - repeal of Australian Federal Police Act 1979 (Cth) s 26E(3) – prior to repeal, appointment could not be terminated "merely because" of certain acts or omissions – whether applicant had an accrued right within the meaning of Acts Interpretation Act 1901 (Cth) s 8(c) - meaning of "merely because" PRACTICE AND PROCEDURE – application for extension of time in which to apply for judicial review – reasons for delay

Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5, s 11(1)(c), s 13(8), Schedule 2, item (za) Judiciary Act 1903 (Cth), s 39B Australian Federal Police Act 1979 (Cth), s 26E Australian Federal Police Amendment Act 1996 (Cth), Schedule 1, item 5 Acts Interpretation Act 1901 (Cth), s 8(c)

Wedesweiller v Cole (1983) 47 ALR 528 referred Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 followed Comcare v A'Hearn (1993) 45 FCR 441 followed Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 followed Maxwell v Murphy (1957) 96 CLR 261 referred Robertson v City of Nunawading [1973] VR 819 referred Ellis v Minister for Lands (1985) 37 NTR 29 considered La Macchia v Minister for Primary Industry (1986) 72 ALR 23 considered Esber v The Commonwealth of Australia (1992) 174 CLR 430 referred Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 referred Curragh Queensland Mining Limited v Daniel (1992) 34 FCR 212 referred Detsongjarus v Minister for Immigration, Local Government and Ethnic Affairs (1990) 21 ALD 139 referred Kioa v West (1985) 159 CLR 550 followed McLachlan v Australian Securities and Investment Commission (1999) 85 FCR 286 referred Ozmanian v Minister for Immigration, Local Government and Ethnic Affairs (1996)137 ALR 103 referred Telstra Corporation Limited v Kendall (1995) 55 FCR 221 referred McVeigh v Willarra Pty Ltd (1984) 6 FCR 587 referred Kanda v Government of Malaya [1962] AC 322 referred Re Refugee Review Tribunal; Ex parte AALA (2000) 176 ALR 219 referred Perder Investments Pty Ltd v Elmer (1991) 31 FCR 201 referred Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 considered Bradley v Attorney-General [1988] 2 NZLR 454 referred