Clancy v Commissioner of Police, NSW Police Force [2022] NSWCATAD 204

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Clancy v Commissioner of Police, NSW Police Force [2022] NSWCATAD 204 Hearing dates: 20 October 2021 Date of orders: 20 June 2022 Decision date: 20 June 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: J Gatland, Senior Member Decision: 1. The respondent's decision dated 18 December 2020 is set aside to the following extent: (a) the disputed redactions to the documents at Items 1, 3 and 5 of the Commissioner's schedule are to be removed and those documents provided to the Applicant in a form consistent with the Tribunal's findings no later than 28 days from the date of this decision; (b) the documents at pages 20 – 26 and 29 – 32 only of the bundle of documents comprising Item 2 of the Commissioner's schedule are to be released to the Applicant no later than 28 days from the date of this decision. 2. Publication of the confidential evidence filed by the respondent in these proceedings is prohibited. 3. Disclosure to the Applicant of the confidential evidence filed by the respondent in these proceedings is prohibited. 4. Pursuant to Civil and Administrative Tribunal Act 2013 (NSW), s 64(1)(c) and s 64(1)(d), the transcript and recording of the hearing of those parts of the hearing which took place in private and in the absence of the Applicant are not to be published or released to the Applicant or the public. 5. Pursuant to Civil and Administrative Tribunal Act 2013, s 64(1)(c) and s 64(1)(d), the contents of all paragraphs in these Reasons marked "[NOT FOR PUBLICATION]" are not to be published or released to the Applicant or the public. 6. Grant liberty to the parties to re-list this matter for the working out of these orders on three days' notice. Catchwords: ADMINISTRATIVE LAW — Government Information (Public Access) — Grounds for refusing access — Balancing competing public interest factors for and against disclosure Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Government Information (Public Access) Act 2009 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: AQJ v University of NSW [2013] NSWCATAD 306 Battin v University of New England [2013] NSWADT 73 Camilleri v Commissioner of Police (NSW) [2013] NSWADT 80 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Cousins v Ambulance Service (NSW) [2014] NSWCATAD 48 Fire Brigade Employees' Union v Fire & Rescue (NSW) [2014] NSWCATAD 113 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Gene Simring v Commissioner of Police, NSW Police Force [2009] NSWSC 270 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Ibrahim v Commissioner of Police (NSW) [2004] NSWADTAP 8 Leech v Sydney Water Corporation [2010] NSWADT 198 Mannix v Department of Education and Communities [2014] NSWCATAD 35 McCrystal v Commissioner of Police (NSW) [2020] NSWCATAD 122 McDonald v Ku-ring-gai Council [2022] NSWCATAD 17 Murphy v Broken Hill City Council [2015] NSWCATAD 135 Neary v State Rail Authority [1999] NSWADT 107 Newcastle City Council v Newcastle East Residents Action Group [2018] NSWCATAP 254 Selby v Commissioner of Police (NSW) [2013] NSWADT 61 Smolenski v Commissioner of Police [2015] NSWCATAP 235 South Dural Residents and Ratepayers Group Inc v Roads and Maritime Services [2019] NSWCATAD 83 Taylor v Destination NSW [2017] NSWCATAD 272 Transport NSW v Searle [2018] NSWCATAP 93 Watts v Department of Planning and Environment [2016] NSWCATAD 42 UC v Commissioner of Police (NSW) [2005] NSWADT 272 Desmond v Commissioner of Police, New South Wales Police Service [2003] NSWADT 231 DQN v University of Sydney [2019] NSWCATAD 159 Texts Cited: None cited Category: Principal judgment Parties: Natalie Clancy (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: J Parker, Executive Counsel, Nine (Applicant) Sparke Helmore (Respondent) File Number(s): 2021/00132831 Publication restriction: Pursuant to Civil and Administrative Tribunal Act 2013, s 64(1)(c) and s 64(1)(d), the contents of all paragraphs in these Reasons marked "[NOT FOR PUBLICATION]" are not to be published or released to the Applicant or the public.