Day v Lynn

In the case of Day v Lynn, the applicant, a public servant, sought to challenge the use of intercepted telephone calls in disciplinary proceedings against him. The applicant alleged that the information obtained from the intercepted calls was used in contravention of the Telecommunications (Interception) Act 1979 (Cth). The primary legal issue before the court was whether the Australian Federal Police (AFP) could lawfully disclose intercepted information to another Commonwealth body, namely the Australian Customs Service (ACS), for the purposes of investigating alleged misconduct of a Commonwealth officer. The court was also required to determine whether the evidence obtained from the intercepted calls was admissible in the disciplinary proceedings.

Einfeld J held that the AFP was permitted to disclose intercepted information to other Commonwealth bodies, including ACS, for the purpose of investigating alleged misconduct of a Commonwealth officer. The judge rejected the applicant’s argument that section 67 of the Interception Act only allowed for intra-agency communication of intercepted information. The judge concluded that the manifest purpose of section 67 was to allow the AFP to communicate lawfully intercepted information to assist in investigations of the kind entrusted to ACS. The Full Court upheld Einfeld J’s decision and rejected the applicant’s argument that there could be no investigation or inquiry into alleged misconduct until a charge was laid under the Public Service Act.

The orders of the court were that the applicant’s application be dismissed with costs. The court found that the use of the intercepted information did not contravene the Interception Act and that the evidence obtained from the intercepted calls was admissible in the disciplinary proceedings.