Attorney-General (NT) v Hand

The Attorney-General of the Northern Territory sought special leave to appeal to the High Court of Australia against a decision of the Full Court of the Supreme Court of the Northern Territory. The dispute concerned the validity of a notice issued by the Attorney-General under s 36(1) of the *Police Administration Act 1978* (NT) directing the Commissioner of Police to take certain action regarding the investigation of a death. The Full Court had held that the notice was invalid.

The High Court was required to determine whether the Attorney-General had the power to issue the notice under s 36(1) of the *Police Administration Act 1978* (NT) and, if so, whether the notice issued in this instance was valid. This involved an interpretation of the scope of the Attorney-General's supervisory powers over police investigations under the Act and the constitutional validity of such executive intervention in police functions.

The Court considered the legislative intent behind s 36(1) and the nature of the Attorney-General's role as a minister of the Crown responsible for the administration of justice. It was held that the power conferred by s 36(1) was not intended to be a general power of direction but was limited to specific circumstances where the Attorney-General was satisfied that the Commissioner had failed to take reasonable steps to investigate a death. The Court found that the notice in question did not satisfy the preconditions for the exercise of this power, as it did not demonstrate the Attorney-General's satisfaction that the Commissioner had failed to take reasonable steps.

Special leave to appeal was granted, but the appeal was dismissed. The High Court affirmed the decision of the Full Court of the Supreme Court of the Northern Territory, finding the notice issued by the Attorney-General to be invalid.