Eaton v Overland [2001] FCA 1834

FEDERAL COURT OF AUSTRALIA

Eaton v Overland [2001] FCA 1834 ADMINISTRATIVE LAW – judicial review – procedural fairness – application for relief based on whether procedural fairness accorded to officer of the Australian Federal Police in relation to decision on substantiation of allegation of inappropriate conduct – applicant was entitled to information – decision flawed – no improper exercise of power ADMINISTRATIVE LAW – judicial review – apprehended bias – whether decision-maker who did not accord procedural fairness prevented from further participation in decision-making process ADMINISTRATIVE LAW – Federal Police – no requirement in the circumstances to resort only to disciplinary mechanisms of the Complaints (Australian Federal Police) Act 1981 – status of officer – whether on secondment – effect Judiciary Act 1903 s 39B Australian Federal Police Act 1979 ss 28, 37, 38, 39, 40, 40H and 40L Administrative Decisions (Judicial Review) Act 1977 Complaints (Australian Federal Police) Act 1981 Australian Federal Police (Discipline) Regulations 1979 Eaton v Overland [2001] FCA 876 referred to White v Overland [2001] FCA 1835 referred to Calvin v Carr [1980] AC 574 referred to Preston v Carmody (1993) 44 FCR 1 referred to Wu v Minister for Immigration and Ethnic Affairs (1994) 48 FCR 294 referred to Omran v Australian Pastoral Commission (1991) 14 AAR 51 referred to Kioa v West (1985) 159 CLR 550 applied Stead v State Government Insurance Commission (1986) 161 CLR 141 considered Gaisford v Fisher (1997) 45 ALD 87 referred to Pilbara Aboriginal Land Council v Minister for Aboriginal And Torres Strait Islander Affairs (2000) 103 FCR 539 referred to Webb v R (1994) 181 CLR 41 considered Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70 referred to Ebner v Official Trustee in Bankruptcy (2000) 75 ALJR 277 referred to Minister for Immigration and Multicultural Affairs v Jia (2001) 75 ALJR 679 referred to Re JRL; Ex parte CJL (1986) 161 CLR 342 referred to Oxford English Dictionary (2nd Ed) Macquarie Dictionary (Revised Edition, 1985) Christopher Eaton v Simon Overland & Another A28 of 2001 ALLSOP J SYDNEY 21 DECEMBER 2001