Wojciechowska v Commissioner of Police (No 2) [2020] NSWCATAP 257

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wojciechowska v Commissioner of Police (No 2) [2020] NSWCATAP 257 Hearing dates: On the papers Date of orders: 7 December 2020 Decision date: 07 December 2020 Jurisdiction: Appeal Panel Before: A Britton, Principal Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), a hearing is dispensed with. (2) The decision of the Commissioner made 17 June 2019, not to grant access to the COPS User Guide, is set aside. In substitution for that decision, the Tribunal determines to grant Ms Wojciechowska access to the Guide. (3) The decision of the Commissioner made 17 June 2019, that the information requested by Ms Wojciechowska in her access application made 25 March 2019 is not held, is affirmed. Catchwords: ADMINISTRATIVE REVIEW — whether "information not held decision" made under s 58(1)(b) of the Government Information (Public Access) Act is the correct and preferable decision Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Wojciechowska v Commissioner of Police, NSW Police Force [2020] NSWCATAD 1 Wojciechowska v Commissioner of Police [2020] NSWCATAP 173 Texts Cited: Nil Category: Principal judgment Parties: Paulina Wojciechowska (Appellant) Commissioner of Police (Respondent) Representation: Solicitors: Appellant (Self Represented) Crown Solicitor (Respondent) File Number(s): AP 20/05836 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2020] NSWCATAD 1 Date of Decision: 08 January 2020 Before: C Ludlow, Senior Member File Number(s): 2019/00205731