ECN v Commissioner of Police [2020] NSWCATAP 267

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ECN v Commissioner of Police [2020] NSWCATAP 267 Hearing dates: 13 November 2020 Date of orders: 14 December 2020 Decision date: 11 December 2020 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member J Kearney, Senior Member Decision: (1) The Appeal is dismissed. (2) Pursuant to s 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW), order that disclosure of the name of the appellant is prohibited Catchwords: ADMINISTRATIVE LAW – public access to government information – whether Tribunal failed to consider properly whether documents were subject to legal advice privilege – whether decision to decline access to other documents was illogical, irrational or unreasonable because the Tribunal failed properly to balance the relevant considerations mandated by s 13 of the Government Information (Public Access) Act 2009 (NSW) – whether the Tribunal failed to engage with and respond to arguments put forward by the appellant Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Government Information (Public Access) Act 2009 (NSW) Police Act 1990 (NSW) Cases Cited: Applicants v Commissioner of Police [2015] NSWCATAD 22 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Chamley v Sydney Children's Hospital Network [2013] NSWADT 197 Colefax v Department of Education and Communities (NSW) [2013] NSWADT 75 Collins v Urban [2014] NSWCATAP 17 Commissioner of Police, NSW Police Force v Camilleri [2012] NSWADTAP 19 Commissioner of Police v Roy [2013] NSWADTAP 6 DAG Aviation Pty Ltd v Kirk [2017] NSWCATAP 41 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26 Department of Education and Training v Mullett [2002] NSWADTAP 13 Hargreaves v University of New England [2013] NSWADT 233 JCB Enterprises Pty Ltd v Mangion [2016] NSWCATAP 180 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16 NSW Land and Housing Corporation v Orr [2019] NSWCA 231 Ortiz v Minister for Immigration and Citizenship [2011] FCA 1498 Larsson v Office of Environment and Heritage [2014] NSWCA TAD 136 Leech v Sydney Water Corporation [2010] NSWADT 198 Prendergast v Western Murray Irrigation Ltd (2014) NSWCATAP 69 Saggers v Environment Protection Authority [2014] NSWCATAD 37 Transport for NSW v Robinson [2018] NSWCA TAP 123 Transport for NSW v Searle [2018] NSWCATAP 93 Texts Cited: None cited Category: Principal judgment Parties: ECN (Appellant) Commissioner for Police (Respondent) Representation: Counsel: T Boyle (Appellant)