Broadbent v Commissioner of Police [2021] NSWCATAD 287

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Broadbent v Commissioner of Police [2021] NSWCATAD 287 Hearing dates: 20 April 2021 Date of orders: 01 October 2021 Decision date: 01 October 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Goodman SC, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW – access to government information – access application – conclusive presumption against disclosure – legal professional privilege – documents affecting law enforcement and public safety – public interests in favour of disclosure – public interests against disclosure – whether overriding public interest against disclosure Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Archer Capital 4A Pty Ltd v Sage Group plc (No 2) [2013] FCA 1098; (2013) 306 ALR 384 Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd [2020] FCA 1232 Chief Commissioner of State Revenue v Downer EDI Engineering Pty Ltd [2020] NSWCA 126; (2020) 103 NSWLR 772 Colefax v Department of Education and Communities [2013] NSWADT 75 Commissioner of Police v Danis [2017] NSWCATAP 7 Fire Brigade Employees' Union v Fire and Rescue (NSW) [2014] NSWCATAD 113 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Forbidden Foods Pty Ltd v Rice Marketing Board of New South Wales [2020] NSWCATAD 18 Frugtniet v Administrative Decisions Tribunal (Appeal Panel) [2005] NSWCA 257 Jackson v University of New South Wales [2019] NSWCATAD 224 Luxford v Department of Education and Communities (NSW) [2016] NSWCATAD 118 McMillan v Commissioner of Police, NSWPF; Brady v Commissioner of Police, NSWPF [2013] NSWADT 53 Meacham v Commissioner of Police [2020] NSWCATAP 107 Miskelly v Transport for NSW [2017] NSWCATAD 207 New South Wales v McGuirk [2006] NSWSC 1362 Newcastle City Council v Newcastle East Residents Action Group [2018] NSWCATAP 254 Re Waterford and Department of the Treasury (No 2) (1984) 5 ALD 588 Saggers v Environment Protection Authority [2014] NSWCATAD 37 Secretary, New South Wales Ministry of Health v W [2020] NSWCA 212; (2020) 102 NSWLR 969 Taylor v Office of Destination NSW [2018] NSWCATAD 195 Transport for NSW v Searle [2018] NSWCATAP 93 YG v Minister for Community Services [2002] NSWCA 247 Texts Cited: Nil Category: Principal judgment Parties: John Stanley Broadbent (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant (self-represented) Crown Solicitor (Respondent) File Number(s): 2021/00009391 Publication restriction: Nil