Federal Court of Australia
Jupemenr vo. FP £984
IN THE FEDERAL POLICE
DISCIPLINARY TRIBUNAL No. 15 of 1983.
THE COMMISSTONER GF THE : AUSTRALIAN FEDERAL POLICE
Against
JOHN RICHARD BARRETT
IN THE MATTER of the Complajats
(Australian Federal Police) -Act 1981. ;
DECISION
TRIBUNAL: Mr R.J. CAHILL, S.M. DATE: 16 March 1984
THE TRIBUNAL DECIDES THAT:
Ve John Richard Barrett is guiity of a disciplinary offence specified in paragraph 18(1)(d) of the Australian Federal Police (Discipline) Regulations in that he was guilty of improper conduct stherwise tnan in hic official capacity in that on 27 February, 1983, at Sydney in tne State of New South Wales, he did assault Michael Philip Pennycad.
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The proceedings be remitted to the Commissioner for the imposition of a penalty in respect of the said breach of discipline.
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-J. CAHILL, S.M. "Member
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IN THE FEDERAL' POLICE DISCIPLINARY TRIBUNAL
) ) )
No. 15 of 1983
THE COMMISSIONER OF THE AUSTRALIAN
FEDERAL POLICE
Against
JOHN RICHARD BARRETT
TN THE MATTER of the Comnlaints
'(Australian Federal Police) Act
1981.
R.J. CAHILL, S.M. MEMBER
Reasons for Findings
By notice dated 23 June, 1983 Constabie Barrett was charged pursuant to paragraph 18(1)(d) of the Australian Federal Police Discipline Regulations that he was guilty of improper conduct otherwise than in his official capacity in that on 27 February 1983 at Sydney in the State of New South Wales he did assauit Michael Phillip Pennycad.
«/2.
Paragraph. 18(1)(d) of the regulations provides thas:
"A member is guilty ot a disciplinary offence and is subject. to punishment in accordance with these regulations if the member is guilty of disgraceful or improper conduct either in his official capacity or otherwise".
Mr Madden on behalf of the member chalienged the competence and jurisdiction of this tribunal tc hear the charge on the basis that cross-suiwonses for assauit by way ot private information were ; issued by both Constable Barrett and the complainant, Michael Pennycad, " arising out of the same incident :
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