Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mentink v Queensland Police Commissioner (No 2) [2020] FCA 1025 File number: QUD 791 of 2019
Judge: LOGAN J
Date of judgment: 22 July 2020
Catchwords: CRIMINAL LAW AND PROCEDURE – application for permission to leave Australia by applicant who is on a child protection offender register – whether Federal Court of Australia is a "competent authority" pursuant to s 271A.1(3) of the Criminal Code 1995 (Cth) to permit the applicant to leave Australia – whether the delegate of the Queensland Police Commissioner was biased, actual or apprehended – whether the delegate's reasons for refusing the applicant permission to leave Australia were irrational, illogical or otherwise unreasonable – whether the delegate failed to consider relevant considerations or wrongly considered irrelevant considerations HIGH AND FEDERAL COURT – application for permission to leave Australia by applicant who is on a child protection register – whether Federal Court of Australia is a "competent authority" pursuant to s 271A.1(3) of the Criminal Code 1995 (Cth) – application to review decision by State Police Commissioner as "competent authority" – whether reviewable under Administrative Decisions (Judicial Review) Act 1977 (Cth) – special federal matter – whether judicial review proceedings should ordinarily be commenced in Federal Court or Federal Circuit Court rather than State Supreme Court
Legislation: Constitution ss 51, 61, 62, 122 Acts Interpretation Act 1901 (Cth) s 2C Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3, 5, 8, 16 Australian Passports Act 2005 (Cth) s 12 Criminal Code 1995 (Cth) s 271A.1 Evidence Act 1995 (Cth) s 140 Foreign Passports (Law Enforcement and Security) Act 2005 (Cth) s 13 Judiciary Act 1903 (Cth) s 78B Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) ss 3, 4, 6 Migration Act 1958 (Cth) Passports Legislation Amendment (Overseas Travel by Child Sex Offenders) Act 2017 (Cth) Federal Court Rules 2011 (Cth) r 31.01(1) Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 (Qld) ss 5, 9, 19, 20, 24, 35, 36, 67G, 67J, 68, 69, 70, 71, 72, 74 Criminal Code 1899 (Qld) s 210 Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) ss 3.1, 3.2 Judicial Review Act 1991 (Qld) Police Powers and Responsibilities Act 2000 (Qld) s 9 Police Service Administration Act 1990 (Qld) ss 3.1, 3.2
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