Danis v Commissioner of Police, NSW Police Force [2020] NSWCATAD 138

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Danis v Commissioner of Police, NSW Police Force [2020] NSWCATAD 138 Hearing dates: 19 February 2020 and written submissions by 19 March 2020 Date of orders: 25 May 2020 Decision date: 25 May 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: M Wall, Senior Member Decision: (1) The decision of the respondent dated 15 August 2019 to refuse access to a copy of the DVD and transcript of the DVD is affirmed. Catchwords: ADMINISTRATIVE REVIEW – Government Information (Public Access) – whether to exercise discretion to refuse to deal – whether functions exercised under the GIPA Act in good faith – public interest considerations against disclosure – whether information was given in confidence – whether prejudice to the supply of confidential information –personal information – whether information disclosed in family law proceedings has been revealed – whether disclosure exposes a child to a risk of harm or of serious harassment or serious intimidation – best interests of the child – public interest considerations in favour of disclosure – public interest in transparency and accountability – whether disclosure of DVD could reveal or substantiate allegations of police misconduct or unlawful conduct – personal factors of the application – weight of evidence – balancing of public interests – overriding public interest against disclosure Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Family Law Act 1975 (Cth) Government Information (Public Access) Act 2009 (NSW) Cases Cited: AH & SS [2005] FamCA 854 Applicants v Commissioner of Police [2015] NSWCATAD 22 Attorney General's Department v Cockcroft (1986) 10 FCR 180; [1986] FCA 3 Colakovski v Australian Telecommunications Corporation (1991) 29 FCR 429 Commissioner of Police (NSW) v Barrett [2015] NSWCATAP 68 Commissioner of Police v Camilleri [2012] NSWADTAP 19 Commissioner of Police v Danis [2017] NSWCATAP 7 Commissioner of Police, NSW Police Force v Field [2016] NSWCATAP 59 Danis v Commissioner of Police [2017] NSWCATAD 144 Director General, Department of Education and Training v Mullett (GD) [2002] NSWADTAP 13 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179 DTB v Commissioner of Police, NSW Police Force [2019] NSWCATAD 114 Ermel v Department of Finance and Services [2013] NSWADT 183 Flack v Commissioner of Police, NSW Police [2011] NSWADT 286 Gilleland v Commissioner of Police, NSW Police Force [2018] NSWCATAD 68 Hall v Department of Premier and Cabinet [2012] NSWADT 46 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Macquarie University v Howell (No 2) [2009] NSWADTAP 19 McKinnon v Secretary, Department of Treasury [2006] HCA 45 McMillan v Commissioner of Police, NSW Police Force; Brady v Commissioner of Police, NSW Police Force [2013] NSWADT 53 Miskelly v Transport for NSW [2017] NSWCATAD 75 Public Service Association and Professional Officers Association, Amalgamated Union of NSW -v- Director General, Premier's Department [2002] NSWADT 277 Richards v Commissioner, Department of Corrective Services (New South Wales) [2011] NSWADT 98 Scott v Scott [1913] AC 417 Simming v Commissioner of Police [2009] NSWSC 270 Taylor v Office of Destination NSW [2018] NSWCATAD 195 Transport for NSW v Searle [2018] NSWCATAP 93 Turner v Commissioner of Police, NSW Police Force [2016] NSWCATAD 170 YG and GG v Minister for Community Services [2002] NSWCA 247 Zonnevylle v Department of Education and Communities [2018] NSWCATAD 139 Texts Cited: Queensland Supreme and District Courts Criminal Directions Benchbook: Closed Court Exceptions to the General Rule of Openness Category: Principal judgment Parties: Emil Danis (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Applicant (Self Represented) Sparke Helmore Lawyers (Respondent) File Number(s): 2019/00258041 Publication restriction: Nil.