Coutts v Close [2014] FCA 19

FEDERAL COURT OF AUSTRALIA

Coutts v Close [2014] FCA 19 Citation: Coutts v Close [2014] FCA 19

Parties: BRETT COUTTS v LEANNE CLOSE, ASSISTANT COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE and COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE

File number: ACD 72 of 2013

Judge: GRIFFITHS J

Date of judgment: 3 February 2014

Catchwords: ADMINISTRATIVE LAW – application by police officer for judicial review of the decision to terminate his employment with the Australian Federal Police (AFP) and of conduct related to that decision – termination decision made by the first respondent as part of a multi-stage process which included the conduct of interviews, production of an investigation report and production of an adjudication report – whether any procedural unfairness in the termination decision or related conduct – whether any apprehended bias on the part of the first respondent or the investigator – whether any claim of bias on the part of the first respondent waived by applicant – whether applicant granted a fair hearing during the multi-stage decision making process including allegation that non-redacted material should have been provided – Minister for Immigration and Citizenship v Maman [2012] FCAFC 13 – whether hearing unfair because the evidence was not capable of supporting the decision – Minister for Immigration and Ethnic Affairs v Pochi (1980) 44 FLR 41 – alleged failure to follow procedures required by law – whether power to terminate employment improperly exercised – whether any relevant considerations not considered in exercise of power – whether any irrelevant matters taken into account in exercise of power – whether power exercised in bad faith – whether decision was so unreasonable that no reasonable person could have made it – Minister for Immigration and Citizenship v Li (2013) 297 ALR 225 – whether decision was an abuse of power – whether multi-stage decision making process was otherwise conducted contrary to law