Anderson v Sullivan [1997] FCA 1008

Anderson v Sullivan [1997] FCA 1008

The Commissioner of the AFP has the power, sourced in common law and s13(1) of the Australian Federal Police Act, to direct members to provide urine samples for reasonable suspicion drug testing. Directions given for the purposes of maintaining police discipline and integrity are reasonable and lawful if grounded in facts supporting reasonable suspicion, and do not breach privacy or self-incrimination privilege given the distinctive nature of police service. The particular direction given to Mr Anderson was lawful and not vitiated by error or Wednesbury unreasonableness.

Parties
Applicant: James Wallace Anderson; First Respondent: Linda Margaret Sullivan; Second Respondent: Jim Allen; Third Respondent: John Lawler
Jurisdiction
Australia
Judgment Date
24 September 1997
Procedural Posture
Order of Review Under Administrative Decisions (judicial Review) Act 1977 (cth) and Relief Under S39 B of the Judiciary Act 1903 (cth) / Final Judgment
Outcome
Application dismissed
Legal Topics
Reasonable Suspicion Drug Testing, Lawful Directions to Police, Self Incrimination Privilege, Police Disciplinary Procedure, Wednesbury Unreasonableness
Administrative Law Police Law Employment Law Reasonable Suspicion Drug Testing Lawful Directions to Police Self Incrimination Privilege Police Disciplinary Procedure Wednesbury Unreasonableness

Case Brief

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Parties

James Wallace Anderson

Applicant

Linda Margaret Sullivan

First Respondent

Jim Allen

Second Respondent

John Lawler

Third Respondent

Procedural Posture

Order of Review Under Administrative Decisions (judicial Review) Act 1977 (cth) and Relief Under S39 B of the Judiciary Act 1903 (cth) / Final Judgment

Legal Issues

  1. 1 Whether AFP members can lawfully be directed to provide a urine sample for drug testing on grounds of reasonable suspicion
  2. 2 Whether the direction given was lawful and reasonable
  3. 3 Source of power for the direction to provide urine sample

Ratio Decidendi

The Commissioner of the AFP has the power, sourced in common law and s13(1) of the Australian Federal Police Act, to direct members to provide urine samples for reasonable suspicion drug testing. Directions given for the purposes of maintaining police discipline and integrity are reasonable and lawful if grounded in facts supporting reasonable suspicion, and do not breach privacy or self-incrimination privilege given the distinctive nature of police service. The particular direction given to Mr Anderson was lawful and not vitiated by error or Wednesbury unreasonableness.

Court Disposition

Application dismissed

Orders

  • The application be dismissed