FDY v Commissioner of Police [2021] NSWCATAD 285

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FDY v Commissioner of Police [2021] NSWCATAD 285 Hearing dates: 30 June 2021 Date of orders: 29 September 2021 Decision date: 29 September 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: A Starke, Senior Member Decision: (1) The decision of the respondent dated 25 March 2021 is varied to provide for the release to the applicant within 28 days of these Orders of two radio broadcasts made on 21 November 2019 concerning the attendance of NSW police officers at the applicant's residence, provided information is removed that identifies any third party who has not provided consent for the disclosure of their personal information or where the broadcasts contain information that is unrelated to the attendance of NSW police officers at the applicant's residence on that date, and the decision of the respondent dated 25 March 2021 is otherwise affirmed. (2) Pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure of the material filed by the Respondent on a confidential basis, the submissions made in private hearing before the Tribunal, the record of that part of the proceedings conducted in private hearing and those paragraphs of these reasons identified as [NOT FOR PUBLICATION] is prohibited and is not to be released to the Applicant, his appointed Guardian ad Litem or the public. (3) By consent of the parties, pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013, the publication or broadcast of the name of the applicant in these proceedings is prohibited and the name of the applicant will be referred to by pseudonym 'FDY' in the Tribunal's published reasons [2021] NSWCATAD 285. Catchwords: ADMINISTRATIVE LAW — Public access to government information — Request for information — Balancing public interest considerations — Prejudice the supply of confidential information that facilitates the effective exercise of an agency's functions — reveal an individual's personal information — contravene an information protection principle under the Privacy and Personal Information Protection Act 1998 — contravene a provision of another Act (Surveillance Devices Act 2007) that prohibits disclosure of information Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW)