O'Malley v Keelty, Commissioner of the Australian Federal Police [2005] FCA 861

FEDERAL COURT OF AUSTRALIA

O'Malley v Keelty, Commissioner of the Australian Federal Police [2005] FCA 861 POLICE – rights, powers and duties – duty of AFP Commissioner to enforce the law – duty of AFP Commissioner where a complaint is received from a member of the public PRACTICE AND PROCEDURE – judgments and orders – order limiting ability of applicant to file certain process Australian Federal Police Act 1979 (Cth) Judiciary Act 1903 (Cth) Telecommunications (Interception) Act 1979 (Cth) Hinchcliffe v Commissioner of Police of the Australian Federal Police (2001) 118 FCR 308 followed O'Malley v Keelty, Australian Federal Police Commissioner [2004] FCA 1688, followed R v Metropolis Police Commissioner; Ex parte Blackburn [1968] 2 QB 118, cited Scott v Northern Territory of Australia & Anor [2003] FCA 658, followed PATRICK O'MALLEY v MICHAEL KEELTY, COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE ACD 10 of 2005 MADGWICK J 28 SEPTEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY ACD 10 of 2005

BETWEEN: PATRICK GERARD O'MALLEY

APPLICANT

AND: MICHAEL KEELTY, COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE

RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 28 SEPTEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed.

2. No further initiating process be received in this Court from the applicant concerning alleged criminal interception of his telephone communications said to have occurred before 7 June 2005 unless:

(i) such process has been settled by a legal practitioner who has certified that he or she has read the judgment in these proceedings and that, in his or her opinion, the proceedings are reasonably and properly undertaken; or

(ii) by leave of a judge.