Federal Court of Australia
¥ [1985] AFPD 2 J: L IN THE FEDERAL POLICE ) ) No. 7 of 1985 DISCIPLINARY TRIBUNAL ) BETWEEN: CONSTABLE PETER RICHARD SWANN_ Appellant AND: THE COMMISSIONER OF POLICE Respondent
ORDER
THE PRESIDENT (KELLY J)
31 OCTOBER 1985
CANBERRA A.C.T.
THE TRIBUNAL ORDERS:
1.
2..
That the appeal from the decision of the Commissioner on 9 September 1985 whereby he dismissed the appellant from the Australian Federal Police be allowed.
That the penalty of dismissal imposed by the Commissioner be set aside.
That in substitution therefor the appellant be fined an amount equal to the salary payable to him for a period
of five days at the rate at which salary is payable to him this day.
That the Commissioner pay the appellant's costs of and incidental to the appeal.
IN THE FEDERAL POLICE DISCIPLINARY TRIBUNAL
BETWEEN:
REASONS FOR DECISION
31 OCTOBER 1985
~~ w
No. 7 of 1985
CONSTABLE PETER RICHARD SWANN Appellant THE COMMISSIONER OF POLICE
Respondent
KELLY J - President
By notice issued on 7 May 1985 under Regulation 19 of the Australian Federal Police (Disciplinary) Regulations (the Regulations) the Commissioner of Police instituted proceedings against Constable Peter Richard Swann (the appellant) alleging a disciplinary offence specified in paragraph 18(1)(d) of the Regulations. The notice described the nature and particulars of the alleged offence as
follows:-
"That you the said Peter Richard SWANN, a member of the Australian Federal Police, were guilty of improper conduct otherwise than in your official capacity, in that at Canberra in the Australian Capital Territory on 11 July 1984, you did report to Robert William MUNRO, a member of the Australian Federal Police, that your private motor vehicle, Holden sedan registered number NSW JGE-877 had been stolen, well knowing such report to be false."
Paragraph 18(1)(d) reads:- "(1) A member is guilty of a disciplinary offence and is subject to _ punishment in
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