Page v Commissioner of Police [2020] NSWCATAD 163

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Page v Commissioner of Police [2020] NSWCATAD 163 Hearing dates: 7 April 2020 Date of orders: 29 June 2020 Decision date: 29 June 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: S Goodman SC, Senior Member Decision: (1) The decision under review is varied as follows: (a) the applicant is granted access to: (i) the entirety of Triage Form EXT 2019-2705 (InfoLink pages 1-5); (ii) the entirety of the letter from Assistant Commissioner Willing to Superintendent Box dated 21 August 2019 (InfoLink page 8); (iii) the entirety of Triage Form EXT 2019-0388 (InfoLink pages 12-16); (iv) the entirety of InfoLink pages 41-42; (v) the entirety of the email from Sergeant Robinson to other NSW Police staff dated 9 July 2019 (InfoLink pages 43-44); (vi) the entirety of COPS Event Report E70199257, other than: i. the information redacted on pages 1 and 2 of that Report; ii. the information in the first and larger redacted area on page 4 of that Report; (b) such access is to be provided within 28 days. (2) The decision under review is otherwise affirmed. (3) Pursuant to s 64(1)(b) and (d) of the Civil and Administrative Tribunal Act 2013, the publication or disclosure to the applicant of the paragraphs of these reasons marked "NOT FOR PUBLICATION" is prohibited. Catchwords: ADMINISTRATIVE LAW – access to government information – access application – public interests in favour of disclosure – public interests against disclosure – whether overriding public interest against disclosure Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 9, 63 Civil and Administrative Tribunal Act 2013 (NSW), s 28 Government Information (Public Access) Act 2009 (NSW), ss 3,5,9,12-15,41,55,58,80,100,105, 107 and Schs 1 and 4 Police Act 1990 (NSW), ss 6,7, 121, 130, 132, 139,144,150, 170, 201 Police Regulation 2015,(NSW) reg 8 Privacy and Personal Information Protection Act 1998 (NSW), ss 4,18 Cases Cited: APD v Commissioner of Police, NSW Police Force [2012] NSWADT 42 Applicants v Commissioner of Police [2015] NSWCATAD 22 Baff v New South Wales Commissioner of Police (2013) 234 A Crim R 346; [2013] NSWSC 1205 Cameron v Commissioner of Police [2014] NSWCATAD 13 Commissioner of Police v Danis [2017] NSWCATAP 7 Commissioner of Police, New South Wales Police Force v Camilleri [2012] NSWADTAP 19 Commissioner of Police, NSW Police Force v Barrett [2015] NSWCATAP 68 Fire Brigade Employees' Union v Fire and Rescue (NSW) [2014] NSWCATAD 113 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Forbidden Foods Pty Ltd v Rice Marketing Board of New South Wales [2020] NSWCATAD 18 Fraser v Safework NSW [2020] NSWCATAP 92 Hintze v Tsering [2018] NSWSC 1190 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Jenkinson v Department of Education and Communities [2013] NSWADT 280 Luxford v Department of Education and Communities (NSW) [2016] NSWCATAD 118 Macquarie University v Howell (No 2) [2009] NSWADTAP 19 Martin v Commissioner of Police, NSW Police [2005] NSWADT 23 McMahon v Director General, Department of Fair Training [2003] NSWADT 164 McMillan v Commissioner of Police, NSW Police Force; Brady v Commissioner of Police, NSW Police Force [2013] NSWADT 53 Meacham v Commissioner of Police [2020] NSWCATAP 107 Miskelly v Transport for NSW [2017] NSWCATAD 207 Nature Conservation Council v Department of Trade and Investment, Regional Infrastructure and Services (NSW) [2012] NSWADT 195 Newcastle City Council v Newcastle East Residents Action Group [2018] NSWCATAP 254 Re Waterford and Department of the Treasury (No 2) (1984) 5 ALD 588 Taylor v Office of Destination NSW [2018] NSWCATAD 195 Transport for NSW v Searle [2018] NSWCATAP 93 University of New South Wales v McGuirk [2006[ NSWSC 1362 Texts Cited: None cited Category: Principal judgment Parties: Donald Page (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant (Self-represented) HWL Ebsworth (Respondent) File Number(s): 2019/00404140 Publication restriction: Pursuant to s 64(1)(b) and (d) of the Civil and Administrative Tribunal Act 2013, the publication or disclosure to the applicant of the paragraphs of these reasons marked "NOT FOR PUBLICATION" is prohibited.