Pemberton v Commissioner of Police, NSW Police Force (No 2) [2021] NSWCATAP 230

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pemberton v Commissioner of Police, NSW Police Force (No 2) [2021] NSWCATAP 230 Hearing dates: On the papers Date of orders: 02 August 2021 Decision date: 02 August 2021 Jurisdiction: Appeal Panel Before: S Higgins, Senior Member R C Titterton OAM, Senior Member Decision: 1. A hearing of this appeal is dispensed with in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). 2. The application for leave to appeal is refused. 3. The appeal is dismissed. Catchwords: APPEAL – ADMINISTRATIVE LAW – appeal from a decision of the Tribunal to affirm the decision of the respondent agency to refuse to grant the appellant access to the written responses of two officers of the respondent agency during the course of an internal investigation of allegations made against them by appellant – whether the Tribunal ignored, misunderstood or misinterpreted the appellant's evidence and submissions – whether a disclosure of the written responses could reasonably be expected to reveal or substantiate misconduct by the respondent or a member of the respondent – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Enforcement Conduct Commission Act 2016 (NSW) Government Information (Public Access) Act 2009 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Telecommunications (Interception and Access) Act 1979 (Cth) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR Battin v University of New England [2013] NSWADT 73 Collins v Urban [2014] NSWCATAP 17 Commissioner of Police, NSW Police Service v Barratt [2015] NSWCATAP 68 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 Hall v Roads and Maritime Services [2012] NSW ADT 239 Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 JCB Enterprises Pty Ltd v Mangion [2016] NSWCATAP 180 Khan v Khan [2014] NSWCATAP 48 McLennan v University of New England [2013] NSWADT 113 Oh v Café Great Pty Limited [2018] NSWCATAP 291 Ortiz v Minister for Immigration and Citizenship [2011] FCA 1498. Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Re Actors Equity Association of Australia and Australian Broadcasting Tribunal (No. 2) (1985) 7 ALD 584 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Category: Principal judgment Parties: James Pemberton (Appellant) Commissioner of Police (Respondent) Representation: Appellant, Self-represented Respondent, Norton Rose Fulbright Australia File Number(s): AP 20/27406 2020/00370861 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2020] NSWCATAD 135 Date of Decision: 21 May 2020 Before: C Ludlow, Senior Member File Number(s): 2018/00219172