Commissioner of Police v Sullivan [1988] AFPDT 6

Commissioner of Police v Sullivan [1988] AFPDT 6

Sullivan's confirmation to Danaher of the existence of an investigation was not 'without lawful authority or excuse' because it was made in a genuine desire to assist the inquiry, without improper motive, and for investigative purposes. These were matters of tactical judgment, not misconduct.

Parties
Prosecutor: The Commissioner of Police; Respondent: Constable Peter John Sullivan
Jurisdiction
Australia
Judgment Date
02 March 1988
Procedural Posture
Disciplinary Proceeding / Finding
Outcome
charge dismissed
Legal Topics
Unauthorised Disclosure of Police Information, Lawful Authority or Excuse for Disclosure
Police Disciplinary Law Unauthorised Disclosure of Police Information Lawful Authority or Excuse for Disclosure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

The Commissioner of Police

Prosecutor

Constable Peter John Sullivan

Respondent

Procedural Posture

Disciplinary Proceeding / Finding

Legal Issues

  1. 1 Whether Constable Sullivan communicated information acquired in the course of his duties without lawful authority or excuse in contravention of regulation 13(1)(a) of the Australian Federal Police (Discipline) Regulations.

Ratio Decidendi

Sullivan's confirmation to Danaher of the existence of an investigation was not 'without lawful authority or excuse' because it was made in a genuine desire to assist the inquiry, without improper motive, and for investigative purposes. These were matters of tactical judgment, not misconduct.

Court Disposition

charge dismissed

Orders

  • The charge relating to the disclosure of information to Danaher is dismissed.