Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Goodwin v Commissioner of Police [2020] FCA 950 File number: VID 665 of 2019
Judge: BROMBERG J
Date of judgment: 8 July 2020
Catchwords: ADMINISTRATIVE LAW – Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5(1)(a), (1)(e), (1)(j), and (2)(g) – Australian Federal Police Act 1979 (Cth), s 28 – application for judicial review of decision to terminate applicant's employment – whether applicant was denied natural justice – whether applicant was denied an opportunity to make submissions on sanctions alternative to termination – whether decision-maker failed to meaningfully consider relevant matters – whether absence of elucidation in circumstances where there is no obligation to provide reasons evinces lack of meaningful consideration – whether delegate took into account irrelevant considerations – whether decision-maker's finding that applicant had engaged in serious misconduct was legally unreasonable – application dismissed
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Australian Federal Police Act 1979 (Cth) Australian Federal Police Categories of Conduct Determination 2013
Cases cited: Aerocare Flight Support Pty Ltd v Transport Workers' Union of Australia and Others (2018) 261 FCR 175 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Coutts v Close [2014] FCA 19 Luck v Secretary, Department of Human Services (No 3) [2016] FCA 100 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Minister for Home Affairs v Omar (2019) 373 ALR 569 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZSSJ (2016) 259 CLR 180 Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 North v Television Corporation Ltd (1976) 11 ALR 599 at 609 Plaintiff M64 of 2015 v Minister for Immigration and Border Protection (2015) 258 CLR 173 Sunshine Coast Broadcasters Pty Ltd v Australian Communications and Media Authority (2012) 209 FCR 518 SZVCP v Cho (2017) 250 FCR 225 TTY 167 v Republic of Nauru (2000) 362 ALR 246
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