Fisher v Commissioner of Police [2021] NSWCATAD 44

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fisher v Commissioner of Police [2021] NSWCATAD 44 Hearing dates: 20 April 2020; Timetable for written submissions to 1 May 2020 Date of orders: 2 March 2021 Decision date: 02 March 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: G.Sarginson, Senior Member Decision: The decision of the respondent dated 14 February 2020 under review is affirmed. Catchwords: ADMINISTRATIVE LAW---Access to government information---Access application---Refusal to deal with application---Whether information available to applicant under subpoena or other order of a court---Exercise of discretion to refuse to deal with application ADMINISTRATIVE LAW---Access to government information---Refusal to deal with application---Public interest against disclosure---Whether overriding public interest against disclosure Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Government Information (Public Access) Act 2009 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Surveillance Devices Act 2007 (NSW) Cases Cited: Betzis v Commissioner of Police [2020] NSWCATAD 71 Commissioner of Police (NSW) v Danis [2017] NSWCATAP 7 Commissioner of Police (NSW) v Field [2016] NSWCATAP 59 Danis v Commissioner of Police, NSW Police Force [2020] NSWCATAD 138 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179) Hanna v NSW Ministry of Health [2019] NSWCATAD 21 Minister for Immigration and Citizenship v Li [2013] HCA 18 Office of Financial Services v APV [2014] NSWCATAP 8 Public Service Association and Professional Officers Association, Amalgamated Union of NSW v Director General, Premier's Department [2002] NSWADT 277 Rae v Commissioner for Police [2020] NSWCATAD 189 Shi v Migration Agents Registration Authority [2008] HCA 31 Wojciechowska v Commissioner for Police [2020] NSWCATAP 173 YG and GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None cited Category: Principal judgment Parties: John Fisher (Applicant) Commissioner of Police (Respondent)