Westwood, Paul Denison v Australian Federal Police Promotions Appeal Board & Anor [1983] FCA 221

Westwood, Paul Denison v Australian Federal Police Promotions Appeal Board & Anor [1983] FCA 221

Section 74(1) of the Australian Federal Police Act does not operate to preserve, for transitional members, prior qualifications and eligibility for promotion to higher ranks established under earlier police legislation; instead, promotion qualifications are determined according to the Act and regulations operative after commencement.

Parties
Applicant: Paul Denison Westwood; First Respondent: Australian Federal Police Promotions Appeal Board; Second Respondent: The Commissioner of Police
Jurisdiction
Australia
Judgment Date
02 September 1983
Procedural Posture
Judicial Review / Final Judgment After Hearing
Outcome
Application dismissed
Legal Topics
Judicial Review, Statutory Construction, Transitional Provisions, Qualifications for Police Promotion
Administrative Law Judicial Review Statutory Construction Transitional Provisions Qualifications for Police Promotion

Case Brief

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Parties

Paul Denison Westwood

Applicant

Australian Federal Police Promotions Appeal Board

First Respondent

The Commissioner of Police

Second Respondent

Procedural Posture

Judicial Review / Final Judgment After Hearing

Legal Issues

  1. 1 Whether the qualifications for promotion altered by the Australian Federal Police Act and its regulations validly applied to the applicant, overriding the terms and conditions existing under the repealed legislation
  2. 2 Whether transitional provisions of the Australian Federal Police Act preserved the applicant's prior qualifications for promotion

Ratio Decidendi

Section 74(1) of the Australian Federal Police Act does not operate to preserve, for transitional members, prior qualifications and eligibility for promotion to higher ranks established under earlier police legislation; instead, promotion qualifications are determined according to the Act and regulations operative after commencement.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • The applicant pay the costs of the respondents.