Bellerby, Michael John v Gray, Ronald Alwyn [1984] FCA 314

Bellerby, Michael John v Gray, Ronald Alwyn [1984] FCA 314

The application failed because s. 73(1)(d) conferred a delegateable power on the Commissioner to form an opinion as to suitability, the relevant delegation existed, the applicant was given an opportunity to put his case, the earlier memorandum did not foreclose reconsideration of his position, and the delegate was legally entitled to conclude that the applicant was not suitable for the appointment and therefore not entitled to the statutory preference.

Jurisdiction
Australia
Judgment Date
08 October 1984
Procedural Posture
Application for Judicial Review / Reasons for Judgment and Orders Dismissing the Application
Outcome
Application dismissed with costs.
Legal Topics
['australian Federal Police' 'transfer Between Components' 'delegation of Statutory Power' 'natural Justice' 'improper Exercise of Power' 'statutory Preference for Appointment']
['administrative Law' 'judicial Review' 'police Administration'] ['australian Federal Police' 'transfer Between Components' 'delegation of Statutory Power' 'natural Justice' 'improper Exercise of Power' 'statutory Preference for Appointment']

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Procedural Posture

Application for Judicial Review / Reasons for Judgment and Orders Dismissing the Application

Legal Issues

  1. 1 ['Whether the Commissioner could delegate the function of forming an opinion under Australian Federal Police Act 1979 s. 73(1)(d) as to suitability for appointment.' 'Whether the Commissioner or his delegate was bound by the rules of natural justice in deciding whether the applicant was suitable for transfer to the General Policing Component.' 'Whether the decision was affected by prejudgment because of an earlier memorandum stating that future applications for transfer would be unsuccessful.' 'Whether the applicant was entitled to preference under Australian Federal Police Act 1979 s. 73.']

Ratio Decidendi

The application failed because s. 73(1)(d) conferred a delegateable power on the Commissioner to form an opinion as to suitability, the relevant delegation existed, the applicant was given an opportunity to put his case, the earlier memorandum did not foreclose reconsideration of his position, and the delegate was legally entitled to conclude that the applicant was not suitable for the appointment and therefore not entitled to the statutory preference.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs of the application."]