DVT v Commissioner of Police [2020] NSWCATEN 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DVT v Commissioner of Police [2020] NSWCATEN 1 Hearing dates: 23 May 2017 Date of orders: 14 October 2020 Decision date: 14 October 2020 Jurisdiction: Enforcement Before: N Hennessy ADCJ, Deputy President Decision: (1) The following order is revoked: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the name of DVT is prohibited. (2) Pursuant to s 64(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication of the name of DVT is prohibited. (3) The Tribunal declines to refer this matter to the Supreme Court for determination. (4) The application by the Commissioner of Police, NSW Police Force for costs is refused. Catchwords: PRACTICE AND PROCEDURE – contempt – allegation that Commissioner of Police, NSW Police Force had breach non-publication order by disclosing DVT's name to person employed in another department of the Police Force – whether matter capable of amounting to contempt Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) District Court Act 1973 (NSW) Racing Administration Act 1998 (NSW) Cases Cited: ABC v Royal Commissioner (1991) 56 SASR 274 Australasian Meat Industry Employees Union v Mudginberri Station Pty Ltd [1986] HCA 46; (1986) 161 CLR 98 Bott v NSW Land and Housing Corporation [2017] NSWCATCD 88 Burns v Corbett [2015] NSWCATAD 188 Commissioner of Taxation v Pham [2013] FCA 579 Daintree Cafe Pty Ltd v Jacfun Pty Ltd [2002] NSWADT 188 Dow Jones and Company Inc v Gutnick [2002] HCA 56 Johnston v Nationwide News (2005) 62 NSWLR 309 KF v Parramatta Children's Court [2008] NSWSC Killen v Lane [1983] 1 NSWLR 171 Mohareb v Palmer [2017] NSWCA 281 Roget v Flavel (1987) 47 SASR 402 Sands v State of South Australia [2015] SASCFC 36 Tom & Bill Waterhouse Pty Ltd v Racing New South Wales [2008] NSWSC 1013 Witham v Holloway (1995) 183 CLR 525 at 530 Legal Services Board v Forster (No 2) [2012] VSC 633 Texts Cited: None cited Category: Principal judgment Parties: DVT (Applicant) Commissioner of Police (Respondent) Representation: Counsel: J Emmett (Respondent)