Snape v Commissioner of Police [2022] NSWCATAP 63

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Snape v Commissioner of Police [2022] NSWCATAP 63 Hearing dates: 19 November 2021 Date of orders: 10 March 2022 Decision date: 10 March 2022 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President. P H Molony, Senior Member. Decision: (1) Pursuant to s 64 of the Civil and Administrative Tribunal 2013 and in accordance with s 107 of the Government Information (Public Access) Act 2009 the information contained in paragraph 49 of these reasons may only be disclosed to the Respondent and is not for publication. (2) This appeal insofar as it is based on the questions of law raised by the Appellant is dismissed. (3) Otherwise, with respect to the question of leave to appeal and issues of law raised by the Appeal Panel, the future conduct of the appeal (whether to decide it on the papers) will be determined after 26 March 2022. (4) The Appeal Panel seeks further submissions from the parties with respect to the matters raised in paragraphs [43] to [56] above only, such submissions to be filed and served: (a) by Mr Snape by 21 March 2022; and (b) by the Commissioner by 4 April 2022. (5) Those submissions are to address whether or not the Tribunal should deal with the issues raised without a further hearing. Catchwords: APPEAL - Freedom of Information – Government Information (Public Access Act) 2009 – effect of disclosure of information under Government Information (Public Access Act) 2009 – for information to be revealed it must be publicly disclosed – no error in Tribunal considering factual material at time of hearing – effect of s 63 of Administrative Decisions Act 1997. Legislation Cited: Administrative Decisions Review Act 1987 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2010 Privacy and Personal Protection Act 1998 Cases Cited: Amos v Western NSW Local Health District [2017] NSWCATAD 17 Bauskis v Liew [2013] NSWCA 297 BHP Billiton Ltd v Dunning [2013] NSWCA 421 Black v Hunter New England Local Health District [2011] NSWADT 295 Brazel v Sydney Water Corporation [2021] NSWCATAP 13 Bristol Custodians Limited v Chief Commissioner of State Revenue [2012] NSWADTAP 44 CEO of Customs v AMI Toyota Ltd (2000) 102 FCR 578 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Commissioner of Police, NSW Police Force v Field [2016] NSWCATAP 59 Craig v South Australia (1995) 184 CLR 163 Danis v Commissioner of Police [2021] NSWCATAP 2 Destination NSW v Taylor [2017] NSWCATAD 272 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Destination NSW v Taylor [2019] NSWCATAP 123 Hamod v State of New South Wales [2011] NSWCA 367 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Richards v Commissioner, Department of Corrective Services [2011] NSWADT 98 SAB v SEM [2013] NSWSC 253 Texts Cited: None cited Category: Principal judgment Parties: Ronald Snape (Appellant) Commissioner of Police (Respondent) Representation: Appellant (Self Represented) Crown Solicitor (Respondent) File Number(s): 2021/00231436 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal 2013 and in accordance with s 107 of the Government Information (Public Access) Act 2009 the information contained in paragraph 49 of these reasons may only be disclosed to the Respondent and is not for publication. Decision under appeal Court or tribunal: Civil and Administrative Tribunal. Jurisdiction: Administrative and Equal Opportunity Division. Citation: [2021] NSWCATAD 206 Date of Decision: 16 July 2021 Before: C Mulvey, Senior Member File Number(s): 2021/00059569