EFB v Commissioner of Police [2022] NSWCATAD 99

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EFB v Commissioner of Police [2022] NSWCATAD 99 Hearing dates: 25 May 2021; final submissions received 4 August 2021 Date of orders: 22 March 2022 Decision date: 22 March 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: (1) Pursuant to s 59 of the Administrative Decisions Review Act 1997 the Respondent is not required to lodge copies of the material contained in the "closed bundle" provided to the Tribunal with its application for miscellaneous matters dated 4 March 2021. (2) The time to comply with s 58 of the Administrative Decisions Review Act 1997 and orders 1 and 2 of the Tribunal's orders dated 21 January 2021 is extended until 4 March 2021. (3) Until further order, pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013, publication of the material contained in the "closed bundle" filed 4 March 2021 is prohibited to the extent that material is not contained in the "open bundle" of s 58 documents lodged 4 March 2021; (4) Until further order, pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013, the disclosure of the material in the "closed bundle" is restricted to the Commissioner, the legal representatives for the Commissioner and the Tribunal, to the extent that material is not contained in the "open bundle" of s 58 documents lodged 4 March 2021. (5) Orders 4 to 7 of the Tribunal's orders dated 21 January 2021 are vacated. (6) Matter is listed for directions on a date to be fixed by the Registry after the publication of this decision. Catchwords: ADMINISTRATIVE LAW – Privacy – requirement to lodge documents – confidentiality 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: EFB v Commissioner of Police, NSW Police Force [2021] NSWCATAD 55 EFB v Commissioner of Police, NSW Police Force [2021] NSWCATAD 55 EFB v Commissioner of Police, NSW Police Force [2021] NSWCATAD 55 Page v Commissioner of Police [2020] NSWCATAD 163 Pendrick v Commissioner of Police, NSW Police Force [2021] NSWCATAD 326 Pollard v Commissioner of Police, NSW Police Force [2021] NSWCATAD 227 Wojciechowska v Commissioner of Police [2021] NSWCATAD 284 Wojciechowska v Commissioner of Police (No 2) [2020] NSWCATAD 310 Texts Cited: None cited Category: Procedural rulings Parties: EFB (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant (Self Represented) Crown Solicitor (Respondent) File Number(s): 2019/00382033 Publication restriction: None