The Court held that Victoria Police's decision to cease investigation of a criminal complaint and refer it to ASIC was not amenable to judicial review, as it fell within the operational and investigative discretion of police that is insusceptible to court intervention. Section 9(2)(a) of the Victoria Police Act 2013 (Vic) confirms no civil right of action arises from the general functions of Victoria Police. The Court further held that the plaintiff's challenge amounted to impermissible merits review, as the alleged errors concerned the weighing of factual considerations rather than any error of law.
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