Wojciechowska v Commissioner of Police [2021] NSWCATAD 284

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wojciechowska v Commissioner of Police [2021] NSWCATAD 284 Hearing dates: 22 December 2020 Date of orders: 29 September 2021 Decision date: 29 September 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member Decision: (1) The applicant's Application for miscellaneous matters is dismissed. (2) The decision of the respondent to refuse the applicant access to the information in the following documents is set aside: (a) the information at the end of page 2 of COPS event E69413079; and (b) the Triage report, other than the information on page 2 of the Triage report, as described at [186] of these reasons for decision. (3) The decision of the respondent to provide the applicant with viewing- only access to the information recorded in the body-worn video footage (other than the withheld personal information of a person other than the applicant and her husband) is set aside. (4) In substitution of the decisions of the respondent referred to in order (2) and order (3) above a decision is made to provide the applicant with access to: (a) the information referred to in order (2); and (b) the information in the body-worn video referred to in order (3) in the form requested by the applicant. (5)The decision of the respondent is otherwise affirmed. Catchwords: ADMINISTRATIVE LAW – jurisdiction of the tribunal - matter between a State and a resident of another State – whether tribunal exercising judicial power or administrative power. ADMINISTRATIVE LAW - access to government information – correct and preferable decision – whether respondent did not hold any further information – whether the public interest consideration against disclosure of a deliberation, personal information and a secrecy provision, on balance outweighs the public interest consideration in favour of disclosure. Whether there is an overriding public interest against disclosure of the information in the way requested by the applicant. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Commonwealth of Australia Constitution Act 1900 (Cth) Government Information (Public Access) Act 2009 (NSW) Judiciary Act 1903 (Cth) Police Act 1990 (NSW) Surveillance Devices Act 2007 (NSW) Surveillance Devices Regulation 2014 (NSW) Cases Cited: Applicants v Commissioner of Police [2015] NSWCATAD 22 Attorney General for New South Wales v Gatsby [2018] NSWCA 254 Barnsley v Darebin City Council [2021] VCAT 104 Burns v Corbett; Burns v Gaynor; Attorney General for New South Wales v Burns; Attorney for New South Wales v Burns; New South Wales v Burns [2018] HCA 15 Cheung v Commissioner of Police [2019] NSWCATAD 249 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Director General, Department of Education & Training v Mullett & anor (GD) [2002] NSWADTAP 13 Director of Housing v Sudi [2011] VSCA 266 Drake v Minister for Immigration and Ethnic Affairs 40 FLR 409 EFB v Commissioner of Police, NSW Police Force [2020] NSWCATAD 55 Hurst v Wagga Wagga City Council [2011] NSWADT 307 K-Generation Pty Ltd v Liquor Licensing Court [2009] HCA 4 at [153]; (2009) 237 CLR 501 Luxton v Lessels [2002] HCA 13 McLennan v University of New England [2013] NSWADT 113 Morris v Riverwild Management Pty Ltd [2011] VSCA 283 Page v Commissioner of Police [2020] NSWCATAD 163 R v Trade Practices Tribunal; Ex parte Tasmanian Breweries Pty Ltd [1970] HCA 8; (1970) 123 CLR 361 Votienko t/as Access Party Hire v Zurich Australian Insurance Limited [2016] NSWSC 234 Wojciechowska v Blue Mountains City Council [2021] NSWCATAP 179 Wojciechowska v Commissioner of Police [2021] NSWCATAD 210 Wojciechowska v Commissioner of Police (No 2) [2020] NSWCATAD 310 Category: Principal judgment Parties: Paulina Wojciechowska (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Applicant self-represented NSW Crown Solicitor for the Respondent File Number(s): 2020/132948 Publication restriction: Pursuant to s 64 (1) of the Civil and Administrative Tribunal Act 2013 (NSW) order as follows: (1) no record of the hearing of the appeal conducted on 22 December 2020 in the absence of the applicant and the public is to be released to the applicant or to the public without further order. (2) those parts of these reasons for decision that are marked 'Confidential Not to be Published' are to be kept confidential and are not to be released to the applicant or the public without further order.