Federal Court of Australia
IN THE FEDERAL POLICE
DISCIPLINARY TRIBUNAL
BETWEEN:
AND:
REASONS FOR DECISION
10 JULY 1985
[v5] AFPDT 9°
No. 1 of 1985
SENIOR CONSTABLE NIGEL JAMES PRICE
Appellant
THE COMMISSIONER OF POLICE
Respondent
KELLY J - President
By notification of institution of proceedings dated 28 October 1984 the Commissioner charged Senior Constable Nigel James Price (Constable price) with an offence against paragraph 18(1)(f) of the Australian Federal Police (Discipline) Regulations (the Regulations) in that on or about 19 April 1984 at Canberra in the Australian Capital Territory he provided Robyn Keryl Beachley, a member of the Australian 'Federal Police then undergoing' recruitment training, with specific information relating to the content of an examination paper, intending that that information should be of assistance to the said Robyn Keryl Beachley and others who were to undertake the said examination and that thereby Constable Price acted in a manner that' was prejudicial to the good order and discipline of the Australian Federal Police.
Within 28 days of service of the notification upon him Constable Price responded in writing admitting the truth of the matters alleged. With that admission he included material for consideration by. the Commissioner on the question of the appropriate penalty.
By a notice dated 18 December 1984 the Commissioner determined that Constable Price was guilty of the disciplinary offence alleged. This determination appears to have taken place after a hearing on 17 December 1984 during which Constable Price made statements in person to the Commissioner.
Also on 18 December 1984 the Commissioner gave Constable price notice under Regulation 22(3) of the
Regulations that he proposed to dismiss Constable Price from
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the Australian Federal Police but by that notice, as he was required to do, invited Constable Price to show cause why that penalty should not be imposed upon him. Constable Price. responded promptly, placing before the Commissioner a substantial amount of material to which I will refer in due course.
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