FBQ v Commissioner of Police [2021] NSWCATAD 375

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FBQ v Commissioner of Police [2021] NSWCATAD 375 Hearing dates: 18 November 2021 Date of orders: 21 December 2021 Decision date: 21 December 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: J D Little, Senior Member Decision: (1) The decision of the Commissioner of Police of 10 June 2021 is affirmed. (2) Otherwise the application is dismissed. (3) The publication or broadcast of the name of the complainants relating to the criminal proceedings to which this matter refers is prohibited without further order of the Tribunal. The order is made under s 64(1)(a) of the CAT Act. (4) The publication or broadcast of any report of the part of the proceedings conducted by the Tribunal in the absence of the Applicant on 18 November 2021 ("Confidential Part of Proceedings") is prohibited without further order of the Tribunal. The order is made under s 64(1)(b). (5) The disclosure of the documents marked "Confidential" and relied upon by the Commissioner in the Confidential Part of the Proceedings listed below is prohibited without further order of the Tribunal. The order is made under 64(1)(d): (a) Unredacted copies of a COPS Event Report; the CAD Log; and three notebook entries pf attending officers ("Documents 4, 5 and 6") (b) Copies of nine emails between DPP and the Detective Senior Constable in charge of the investigation ("Documents 7 to 14"), (6) Except pursuant to the order below, the contents of all paragraphs in these reasons marked "[Not for publication]" are not to be published or released pursuant to s64(1)(c) of the Civil and Administrative Tribunal Act 2013. (7) A copy of these reasons, without redaction, shall be released to the Applicant and the Respondent. Catchwords: ADMINISTRATIVE LAW – access to government information – access application – review of decision that information not held by agency – review of decision that there overriding public interest against disclosure – legal professional privilege – sections 111 and 112 of the GIPA Act Legislation Cited: Administrative Decisions Review Act 1997 Children and Young Persons (Care and Protection) Act 1988 Civil and Administrative Tribunal Act 2013 Director of Public Prosecutions Act 1986 Evidence Act 1995 Government Information (Public Access) Act 2009 Interpretation Act 1987 Privacy and Personal Information Protection Act 1998 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Choi v Commissioner of Police [2021] NSWCATAD 156 CLT v Department of Education [2021] NSWCATAD 249 Commissioner of Australian Federal Police v Propend Finance Pty Ltd (1997) 188 CLR 501 Commissioner of Police, NSW Police Force v Barrett (No 2) [2016] NSWCATAP 86 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Crewdson v Central Sydney Area Health Service [2002] NSWCA 345 Danis v Commissioner of Police [2020] NSWCATAD 138 Danis v Commissioner of Police [2021] NSWCATAP 23 DTB v Commissioner of Police, NSW Police Force [2019] NSWCATAD 114 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Kang v Kwan [2001] NSWSC 698 Leech v Sydney Water Corporation [2010] NSWADT 298 Lock the Gate Alliance v Department of Planning and Environment [2019] NSWCATAD 6 McKinnon v Blacktown City Council [2012] NSWADT 44 Miller v Director of Public Prosecution [2012] NSWADT 38 Miskelly v Secretary, Department of Education [2019] NSWCATAD 48 Neary v State Rail Authority [1999] NSWADT 107 Raven v The University of Sydney [2015] NSWCATAD 104 Saggers v Attorney General's Department [2005] NSWADT 193 Searle Australia Pty Ltd v PIAC (1992) 108 ALR 163 Seven Network Ltd v News Ltd [2005] FCA 142 Sherman v Commissioner of Police, NSW Police Force [2016] NSWCATAD 107 Simring v Commissioner of Police [2009] NSWSC 270 Smith v NSW Police Force [2015] NSWCATAD 32 Turnbull v Strange [2018] NSWCA 157 Wojciechowska v Commissioner of Police [2020] NSWCATAP 173 Zonnevylle v Department of Justice [2019] NSWCATAP 44 Zonnevylle v Department of Justice [2019] NSWCATAP 44 Category: Principal judgment Parties: FBQ (Applicant) Commissioner of Police, NSW Police (Respondent) Representation: Solicitors: Applicant (Self-Represented) Crown Solicitor (Respondent) File Number(s): 2021/00222154 Publication restriction: (1) The publication or broadcast of the name of the complainant's relating to the criminal proceedings to which this matter refers is prohibited without further order of the Tribunal. The order is made under s 64(1)(a) of the CAT Act.