Rae v Commissioner of Police [2020] NSWCATAD 189

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rae v Commissioner of Police [2020] NSWCATAD 189 Hearing dates: On the papers Date of orders: 3 August 2020 Decision date: 03 August 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: M Gracie, Senior Member Decision: Affirm the respondent's Notice of Decision made under the Government Information (Public Access) Act 2009 dated 31 January 2020. Catchwords: ADMINISTRATIVE REVIEW - government information - reviewable decision - conclusive presumption against disclosure - public interest considerations against disclosure - private rights and public interest considerations in favour of disclosure - balancing of public interests Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Civil Liability Act 2002 Government Information (Public Access) Act 2009 Police Act 1990 Privacy and Personal Information Protection Act 1998 Work Health and Safety Act 2011 Cases Cited: AEZ v Commissioner of Police (NSW) [2013] NSWADT 90 Betzis v Commissioner of Police [2020] NSWCATAD 71 Commissioner of Police, NSW Police Force v Camilleri [2012] NSWADTAP 19 Commissioner of Police (NSW) v Field [2016] NSWCATAP 59 DTB v Commissioner of Police, NSW Police Force [2019] NSWCATAD 114 DYD v Commissioner of Police [2019] NSWCATAD 265 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hall v Department of Premier and Cabinet (NSW) [2012] NSWADT 46 Hurst v Wagga Wagga City Council [2011] NSWADT 307 JY v Commissioner for Police, NSW Police [2008] NSWADT 306. Leech v Sydney Water Corporation [2010] NSWADT 298 McKinnon v Secretary, Department of Treasury [2006] HCA 46 McLachlan v Commissioner of Police, NSW Police Force [2019] NSWCATAD 109 Sheehy v Commissioner of Police (NSW) [2018] NSWCATAD 73 Sherman v Commissioner of Police, NSW Police Force [2016] NSWCATAD 10 Smith v NSW Police Force [2015] NSWCATAD 32 Yee v Medical Council of NSW [2017] NSWCATAD 370 YG and GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None cited Category: Principal judgment Parties: Craig Anthony Rae (Applicant) Commissioner of Police (Respondent) Representation: Counsel: E O'Neill (Applicant)