Mentink v Minister for Justice (No 2) [2017] FCA 681

FEDERAL COURT OF AUSTRALIA

Mentink v Minister for Justice (No 2) [2017] FCA 681 File number: QUD 573 of 2014

Judge: REEVES J

Date of judgment: 19 June 2017

Catchwords: ADMINISTRATIVE LAW – application for judicial review of Minister's decision on a referral under s 154 of the Law Enforcement Integrity Commissioner Act 2006 (Cth) raising an ACLEI corruption issue against staff members of the Australian Commission for Law Enforcement Integrity – whether Minister failed to take into account relevant considerations – whether Minister's decision affected by an error of law – whether the Minister was limited to considering the information referred under s 154 when making decision – meaning of "raises" in s 154 of the Law Enforcement Integrity Commissioner Act 2006 (Cth) – consideration of the effect of a superfluous decision under s 156(2) where no corruption issue raised by referral under s 154 – whether discretion under s 156(2)(c) to take no further action only applies once an investigation is on foot – whether failure of Minister to provide reasons amounted to a failure to afford natural justice or procedural fairness – whether Minister has the power to revoke decisions under s 156(4) of the Law Enforcement Integrity Commissioner Act 2006 (Cth) – whether Minister's decision was unreasonable – whether Minister was affected by bias or conflict of interest – whether Minister's decision was affected by fraud or bad faith Held: application dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Australian Federal Police Act 1979 (Cth) Freedom of Information Act 1982 (Cth) Independent Commission Against Corruption Act 1988 (NSW) Law Enforcement Integrity Commissioner Act 2006 (Cth)