Potts v Commissioner of Police [2022] NSWCATAD 86

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Potts v Commissioner of Police [2022] NSWCATAD 86 Hearing dates: 26 July 2021 Date of orders: 15 March 2022 Decision date: 15 March 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: 1. The reviewable decision is set aside. 2. The respondent is to provide access to the Applicant of the COPS event report E74152422, redacted in accordance with these reasons for decision, within 28 days. Catchwords: ADMINISTRATIVE LAW – Freedom of Information – access to information - confidential information – personal information – legitimate interests - public interest considerations against disclosure – public interest considerations in favour of disclosure – balancing exercise Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Police Act 1990 Privacy and Personal Information Protection Act 1998 Cases Cited: Commissioner of Police (NSW) v Camilleri [2012] NSWADTAP 19 Commissioner of Police, NSW Police Force v Barrett (No 2) [2016] NSWCATAP 86 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Leech v Sydney Water Corporation [2010] NSWADT 298 Neary v State Rail Authority [1999] NSWADT 107 Public Service Assn v Premier's Department [2002] NSWADT 277 Searle Australia Pty Ltd v PIAC (1992) 108 ALR 163 Simring v Commissioner of Police, NSW Police Force [2009] NSWSC 270 Williams v Department of Industry and Investment [2012] NSWADT 192 Texts Cited: None Category: Principal judgment Parties: Graeme Potts (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Applicant (Self-represented) Crown Solicitor (Respondent) File Number(s): 2021/00089744 Publication restriction: Paragraphs 39 and 42 are confidential pursuant to s 64(1)(c) and (d) of the Civil and Administrative Tribunal Act 2013 and are not to be provided to the Applicant or published.