Knight v Defence Force Ombudsman [2024] FCA 474

Federal Court of Australia

Knight v Defence Force Ombudsman [2024] FCA 474 File number(s): VID 364 of 2023

Judgment of: BUTTON J

Date of judgment: 9 May 2024

Catchwords: ADMINISTRATIVE LAW – judicial review – where Ombudsman Regulations 2017 (Cth) (Regulations) excluded Respondent from taking specific action with respect to "excluded complaints" – where "excluded complaint" one previously "dealt with" by the Defence Abuse Response Taskforce (the DART) – where Applicant previously made complaint to the DART – whether previous complaint "dealt with" by the DART, such that renewed complaint is an "excluded complaint" – whether Regulations direct that Respondent has function of investigating complaints about handling of complaints previously made to the DART – application dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3, 5 Federal Court of Australia Act 1976 (Cth) s 21 Judiciary Act 1903 (Cth) ss 39B, 78B Ombudsman Act 1976 (Cth) ss 4, 6, 8D, 19C, 19F, 19X, 19ZS, 19ZX, 20P, 24, 25, 33, 38 Ombudsman Amendment (Functions of the Defence Force Ombudsman) Regulation 2016 (Cth) (repealed) Ombudsman Amendment (Functions of the Defence Force Ombudsman) Regulations 2017 (Cth) (repealed) Ombudsman Regulations 2017 (Cth) ss 13, 14, 14B Corrections Act 1986 (Vic) s 74AA

Cases cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Cabell v Markham (1945) 148 F 2d 737 ENT19 v Minister for Home Affairs (2023) 410 ALR 1; [2023] HCA 18 Fitzwarryne v Commonwealth Ombudsman [2023] FCA 175 Griffith University v Tang (2005) 221 CLR 99 Polo/Lauren Company L.P. v Ziliani Holdings Pty Ltd (2008) 173 FCR 266; [2008] FCAFC 195 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362; [2017] HCA 34 Thiess v Collector of Customs (2014) 250 CLR 664; [2014] HCA 12 WACB v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 210 ALR 190; [2004] HCA 50