Hampton v Commissioner of the Australian Federal Police [2024] FCA 1079

Federal Court of Australia Hampton v Commissioner of the Australian Federal Police [2024] FCA 1079 File number(s): SAD 130 of 2023

Judgment of: MCDONALD J

Date of judgment: 18 September 2024

Catchwords: ADMINISTRATIVE LAW – application for judicial review – where search warrants issued pursuant to s 3E of the Crimes Act 1914 (Cth) – where applicant's home searched by Australian Federal Police pursuant to warrants – where applicant was invited to, and did, participate in interview by Services Australia while search conducted –– whether decisions to apply for, issue and execute warrants were legally unreasonable – whether decisions to propose interview and ask questions in course of performing duties as employee of the Australian Public Service amenable to judicial review on ground of legal unreasonableness – whether decisions to invite applicant to participate in interview and to conduct interview were legally unreasonable – application dismissed CRIMINAL LAW – search warrants – whether warrants invalid – where applicant claimed conditions in warrants did not meaningfully limit scope of search authorised by them – whether description of offence in warrants sufficient to adequately define object of search – application dismissed

Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Crimes Act 1914 (Cth) ss 3, 3C, 3E, 3F, 3G, 3H, 3J Criminal Code (Cth) s 135.1 Legislation: Judiciary Act 1903 (Cth) s 39B Public Service Act 1999 (Cth) ss 13, 15, 20, 25, 33, 65 Regulatory Powers (Standard Provisions) Act 2014 (Cth) ss 37, 38 Social Security Act 1991 (Cth) Social Security (Administration) Act 1999 (Cth) ss 63, 64