Boehm and Australian Federal Police

[2008] AATA 719

ADMINISTRATIVE APPEALS TRIBUNAL               )

)          No: 2008/2672

GENERAL ADMINISTRATIVE DIVISION                 )

Re: Erwin Boehm
Applicant

And: Australian Federal Police

Respondent

DECISION AND REASONS FOR DECISION [2008] AATA 719

TRIBUNAL:  G D Friedman, Senior Member

DATE:           14 July 2008

PLACE:        Melbourne

DECISION:For reasons given orally at the hearing, the Tribunal decides that it does not have jurisdiction to determine the application lodged by the applicant. Pursuant to subsection 42A(4) of the Administrative Appeals Tribunal Act 1975, the Tribunal dismisses the application.

........................[Sgd]..........................

G.D. Friedman

Senior Member

PRACTICE AND PROCEDURE – jurisdiction issue – decisions not reviewable by the Tribunal

REASONS FOR DECISION

15 August 2008          G.D. Friedman, Senior Member

1. On 12 June 2008 Dr Erwin Boehm lodged an application to the Tribunal for review of a decision of the Australian Federal Police (AFP) dated 13 February 2008 relating to a civil matter raised by Dr Boehm.  On 2 July 2008 Dr Boehm lodged a second application to the Tribunal for a review of a letter from the Australian Government Solicitor (AGS) dated 26 June 2008 to Dr Boehm relating to an Order of the Federal Court of Australia.

1. The Tribunal was established under Commonwealth legislation. Under s 25 of the Administrative Appeals Tribunal Act 1975 it may only review certain decisions as provided for in an enactment. 

1. Dr Boehm was unable to show the Tribunal that any enactments gave the Tribunal the power to review the decisions made by the AFP or AGS.  The Tribunal is satisfied that it lacks the jurisdiction to hear applications to review such decisions.

1. Therefore the Tribunal does not have jurisdiction to review the decisions and the Tribunal dismisses the application under s 42A(4) of the Administrative Appeals Tribunal Act 1975.

I certify that the four [4] preceding paragraphs are a true copy of the reasons for the decision of:

G.D. Friedman, Senior Member

(sgd) Mara Putnis
  Associate

Date of hearing:  14 July 2008

Date of decision:  14 July 2008
Advocate for the applicant:          Self-represented

Advocate for the respondent:       Mr L. Izzo, Australian Federal Police