GA v Commissioner of Police

In the case of GA v Commissioner of Police, the dispute centred on the jurisdiction of the Administrative Appeals Tribunal (AAT) to review a decision made by the Commissioner of Police. The matter was heard and determined in the Federal Court of Australia. The primary issue before the court was whether the AAT had the authority to review the Commissioner's decision given the lack of an internal review mechanism within the police force.

The court was required to consider the statutory framework governing the AAT's jurisdiction and whether the absence of an internal review process within the police force precluded the AAT from exercising its jurisdiction. The court examined the relevant provisions of the Judicial Review Act and other legislative instruments to determine whether the lack of internal review affected the AAT's ability to conduct a review.

In its judgment, the court found that the absence of an internal review mechanism did not strip the AAT of its jurisdiction to review the Commissioner's decision. The court emphasised that the AAT's jurisdiction is not contingent upon the existence of an internal review process within the agency being reviewed. The court held that the AAT had the authority to conduct a review of the Commissioner's decision, and consequently, the Tribunal’s finding that it lacked jurisdiction was erroneous. The Federal Court set aside the Tribunal's decision and remitted the application for review of conduct back to the Tribunal for determination in accordance with specific directions provided in the judgment.