Federal Court of Australia
JUDGMENT No. FSi! «BS.
IN THE FEDERAL POLICE ) ) No. FPDT 4 of 1987
DISCIPLINARY TRIBUNAL )
SERGEANT MICHAEL CHARLES BRETT LACEY
'Appellant
THE COMMISSIONER OF POLICE
Respondent
ORDER
THE PRESIDENT (KELLY J) 11 MARCH 1988
CANBERRA, A.C.T.
THE TRIBUNAL ORDERS:
1. That the appeal from the decision of the Commissioner given on 11 September 1987 whereby he dismissed the appellant from the Australian Federal. Police be allowed.
2. That the penalty of dismissal imposed by the Commissioner be set aside,
3. That in substitution therefor the appellant be reduced to the rank of Senior Constable with seniority equivalent to that which he would have were he appointed to that rank this day. ©
4. That the Commissioner pay the appellant's costs of and incidental to the appeal.
IN THE FEDERAL POLICE ) ) No. FPDT 4 of 1987
DISCIPLINARY TRIBUNAL )
SERGEANT MICHAEL CHARLES BRETT LACEY
Appellant
THE COMMISSIONER OF POLICE
Respondent
REASONS FOR DECISION KELLY J (President)
11 MARCH 1988
By notification dated 13 July 1987 the Commissioner of the Australian Federal Police instituted proceedings against Michael Charles Brett Lacey under Regulation 18({1)(g) of the Australian Federal Police (Discipline) Regulations (the Regulations) in respect of a disciplinary offence, the nature and particulars of which were as follows:-
"That you Michael Charles Brett LACEY a member of the Australian Federal Police, did act in a manner likely to bring discredit to the reputation of the Australian Federal Police, in that you did by minute dated 8 December 1986 to the Australian Ambassador in Jakarta, knowingly make an untrue statement, to wit, 'the money for the purchase of the vehicle was obtained in Jakarta from my wife's family in the form of a _ personal loan'."
The notification was served on Sergeant Lacey on 22 July 1987. It required him to notify the Commissioner within 21 days after service whether he admitted the truth of the matters alleged to constitute the disciplinary offence or not.
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