Saint, Johnson & Ors, Ex parte - Re Von Doussa & Ors

The applicants, Saint and Johnson, sought judicial review of a decision made by the respondent, Von Doussa, in his capacity as the Commonwealth Ombudsman. The dispute concerned the Ombudsman's investigation into a complaint lodged by the applicants regarding the conduct of the Australian Federal Police (AFP). The matter came before Gummow J in chambers.

The primary legal issue before the Court was whether the Ombudsman's decision to discontinue the investigation into the applicants' complaint was vitiated by an error of law, specifically a failure to afford procedural fairness. The applicants contended that they were not given adequate notice of the Ombudsman's intention to discontinue the investigation and were not provided with a sufficient opportunity to respond to the reasons for that proposed discontinuation.

Gummow J considered the principles of procedural fairness as established in Australian administrative law, particularly in the context of investigations conducted by statutory officers such as the Ombudsman. His Honour noted that while the Ombudsman's investigative powers are broad, the obligation to act fairly still applies. The Court examined the specific provisions of the *Ombudsman Act 1976* (Cth) and relevant case law concerning the requirements of procedural fairness when a decision is made to terminate an investigation. The reasoning focused on whether the applicants had a legitimate expectation of a particular outcome or process, and whether the steps taken by the Ombudsman met the minimum standards of fairness in the circumstances.

The application for judicial review was dismissed.