Ruyters v Commissioner of Police [2020] NSWCATAD 223

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ruyters v Commissioner of Police [2020] NSWCATAD 223 Hearing dates: 11 December 2019 Date of orders: 9 September 2020 Decision date: 09 September 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW – administrative review - Government Information – refusal to deal with application – whether substantial and unreasonable diversion of agency's resources – consideration of s 60(3A) and (3B) factors – meaning of "general public interest" in s 60(3B) – nature of balancing task to be undertaken by decision-maker in determining whether dealing with an application would require an unreasonable and substantial diversion of the agency's resources Legislation Cited: Administrative Decisions Review Act 1997 Government Information (Public Access) Act 2009 Government Information (Public Access) Amendment Act 2018 Cases Cited: Cianfrano v Director General, Premier's Department [2006] NSWADT 137 Colefax v Department of Education and Communities (No. 2) [2013] NSWADT 130 Commissioner of Police v Danis [2017] NSWCATAP 7 Craig Williamson Pty Ltd v Barrowcliff [1915] VLR 450 Hanna v NSW Ministry of Health [2019] NSWCATAD 21 Loussikian v University of Sydney [2018] NSWCATAD 140 Zonneyville v Department of Finance, Services and Innovation [2017] NSWCATAD 186 Texts Cited: Department of Justice, Statutory Review: Government Information (Public Access) Act 2009 and the Government Information (Information Commissioner) Act 2009 Category: Principal judgment Parties: Michelle Ruyters (Applicant) Commissioner of Police (Respondent)