Danis v Commissioner of Police, NSW Police Force [2021] NSWCATAD 311

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Danis v Commissioner of Police, NSW Police Force [2021] NSWCATAD 311 Hearing dates: 19 April 2021 and 24 June 2021 (with written closing submissions on 25 June and 9 July 2021) Date of orders: 25 October 2021 Decision date: 25 October 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: A Starke, Senior Member Decision: (1) The decision of the respondent dated 29 March 2020 to refuse access to a copy of an electronically recorded interview on a DVD between a named third party and the respondent on or about 23-27 March 2014 and the transcript of the DVD is 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 is prohibited and is not to be released to the applicant or the public. Catchwords: ADMINISTRATIVE LAW — Government Information (Public Access) — Grounds for refusing access — Balancing competing public interest factors for and against disclosure — Public interest considerations in favour of disclosure include personal factors of the application — public interest in enhancing Government accountability — whether disclosure of the information could reveal or substantiate an agency has engaged in misconduct or negligent, improper or unlawful conduct — Public interest considerations against disclosure include whether disclosure would prejudice the supply to an agency of confidential information that facilitates the effective exercise of that agency's functions — whether information was given in confidence — whether disclosure of information provided in confidence would found an action against an agency for breach of confidence — whether personal information of an individual disclosed in family law proceedings had already been revealed — whether disclosure of information about a child would not be in the child's best interests to have the information disclosed. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Family Law Act 1975 (Cth) Government Information (Public Access) Act 2009 (NSW) Independent Commission Against Corruption Act 1988 (NSW) Oaths Act 1900 (NSW) Police Act 1990 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: AEZ v Commissioner of Police, NSW Police Force [2013] NSWADT 90 AH & SS [2005] FamCA 854 Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Australian Vaccination Network v Dept of Finance & Services [2013] NSWADT 60 Battin v University of New England [2013] NSWADT 73 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Colakovski v Australian Telecommunications Corporation (1991) 29 FCR 429 Commissioner of Police v Danis [2017] NSWCATAP 7 Commissioner of Police, NSW Police Force v Barrett [2015] NSWCATAP 68 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Danis v Commissioner of Police [2021] NSWCATAP 23 Danis v Commissioner of Police [2021] NSWCATAP 57 Danis v Commissioner of Police, NSW Police Force [2020] NSWCATAD 138 Director of Public Prosecutions v Smith [1991] 1 VR 63 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 EMF v Cessnock City Council [2021] NSWCATAP 234 Flack v Commissioner of Police, NSW Police [2011] NSWADT 286 Forbidden Foods Pty Ltd v Rice Marketing Board of New South Wales [2020] NSWCATAD 18 Hurst v Wagga Wagga City Council [2011] NSWADT 307 JY v Commissioner of Police, NSW Police [2008] NSWADT 306 Leech v Sydney Water Corporation [2010] NSWADT 298 Liang v University of Technology, Sydney [2018] NSWCATAP 285 Manly v Ministry of Premier and Cabinet (1995) 14 WAR 550 McKinnon v Secretary, Dept of Treasury [2006] HCA 45 Meacham v Cmr of Police [2020] NSWCATAP 107 Medlyn v Commissioner of Police [2020] NSWCATAD 125 Mifsud v Campbell (1991) 21 NSWLR 725 Minister for Immigration and Ethnic Affairs v Pochi (1980) 44 FLR 41 NSW Police Force v Cammilleri (GD) [2012] NSWADTAP 19 Page v Commissioner of Police [2020] NSWCATAD 163 Public Service Assn v Premier's Dept [2002] NSWADT 277 Raven v University of Sydney [2015] NSWCATAD 104 Richards v Commissioner, Department of Corrective Services [2011] NSWADT 98 Saleam v Director General, Department of Community Services and Ors [2002] NSWADT 41 Searle Australia Pty Ltd v PIAC (1992) 108 ALR 163 Seremetis v Cmr of Police; Seremetis v Dept of Communities and Justice [2020] NSWCATAD 317 Simring v Commissioner of Police, NSW Police [2009] NSWSC 270 Sullivan v Civil Aviation Authority (2014) 22 FCR 555 Taylor v Office of Destination NSW [2018] NSWCATAD 195 Transport for NSW v Searle [2018] NSWCATAP 93 YG and GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: Chester Porter QC, The Gentle Art of Persuasion, Random House, 2nd Ed, 2008, extracts purported to be from pages 23 and 165; Jackie Amos, Leonie Segal and Chris Cantor, 'Entrapped Mother, Entrapped Child: Agonic Mode, Hierarchy and Appeasement in Intergenerational Abuse and Neglect' (2015), 24 J Child Fam Stud 1442-1450; Sophie Isobel, Melinda Goodyear and Kim Foster, 'Psychological Trauma in the context of Familial Relationships: A Concept Analysis' (2019), Vol 20(4) Trauma, Violence & Abuse 549-559. Category: Principal judgment Parties: Emil Danis (Applicant) Commissioner Of Police, NSW Police Force (Respondent) Representation: Applicant (self-represented) Sparke Helmore (Respondent) File Number(s): 2020/0097662 Publication restriction: Section 64 of the Civil and Administrative Tribunal Act 2013 applies to the material that was filed in these proceedings on a confidential basis. That material is not to be published or released to the applicant or the public, without further order of the Tribunal.