Morgan v Commissioner of Police [2021] NSWCATAD 173

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Morgan v Commissioner of Police [2021] NSWCATAD 173 Hearing dates: 26 February 2021 Date of orders: 21 June 2021 Decision date: 21 June 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Decision: 1. The decision made by the Respondent on 30 July 2020 is set aside. 2. In substitution thereof the Respondent is to release a copy of the body-worn video taken on 11 June 2020 to Mr Morgan and pixellate and/or dub, as appropriate, the identity of any third party who has not provided consent for the disclosure of their private information. Catchwords: GOVERNMENT INFORMATION - Government Information (Public Access) Act 2009 – disclosure of body-worn video Legislation Cited: Administrative Decisions Review Act 1997 Government Information (Public Access) Act 2009 Privacy and Personal Information Protection Act 1998 Surveillance Devices Act 2007 (NSW) Cases Cited: Cheung v Commissioner of Police [2019] NSWCATAD 249 Coleman v Power (2004) 2020 CLR 1 Commissioner of Police v Bassi (2020) NSWSC 710 Commissioner of Police (NSW) v Camilleri [2012] NSWADTAP 19 Commissioner of Police, NSW Police Force v Field [2016] NSWCATAP 59 Gilleland v Commissioner of Police, NSW Police Force [2018] NSWCATAD 68 Network Limited v South Eastern Sydney Local Health District [2017] NSWCATAD 210 Poidevin v Seman (2013) 85 NSWLR 758 Category: Principal judgment Parties: Steven Morgan (Applicant)