Giann v Commissioner of Police [2022] NSWCATAD 206

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Giann v Commissioner of Police [2022] NSWCATAD 206 Hearing dates: 7 March 2022, 12 April 2022 Date of orders: 20 June 2022 Decision date: 20 June 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: M Griffin, Senior Member Decision: The Tribunal summarily dismisses the application. Catchwords: ADMINISTRATIVE LAW- summary dismissal-freedom of information- government information public access-no reasonable excuse for delay- Government Information (Public Access) Act 2009 (NSW) Legislation Cited: Administrative Decisions Review Act (NSW) 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 ANQ v Department of Attorney General and Justice, Corrective Services [2012] NSWADT 271 Texts Cited: None cited Category: Principal judgment Parties: Harry Giann (applicant) NSW Commissioner of Police (respondent) Representation: Solicitors: Applicant (self-represented) McCullough Robertson Lawyers (respondent) File Number(s): 2021/00333095 Publication restriction: None

REASONS FOR DECISION

Introduction 1. This is an application for summary dismissal of proceedings. 2. On 1 October 2020, the respondent refused the applicant's request for release to him of a full copy of the Body Worn Camera and CCTV footage of an incident that occurred on 18 May 2019, at which time the applicant was in the vicinity of public polling booths for an election in which he was handing out leaflets as a supporter of a political party. 3. In its 1 October 2020 decision the respondent noted the applicant was granted viewing access to the footage under supervision and that the applicant had attended Bankstown police station for that purpose. The Police decision also noted the release to the applicant of an edited copy of the CCTV footage capturing "the part that includes the alleged offence" for which the applicant had been arrested. 4. On 28 October 2021, that is some 12 months after the original decision, the Information and Privacy Commissioner (IPC) received a request from the applicant for review of that original decision. On 5 November 2021, the IPC advised the applicant that because the application for review had been made more than 40 days after the NSW Police decision, it was outside the time frame for IPC review provided by section 90 of the Government Information (Public Access) Act 2009 (the GIPA Act). 5. On 22 November 2021 the applicant filed an Administrative Review Application with this Tribunal. On 28 January 2022, the respondent sought an order dismissing the proceedings, as "frivolous or vexatious or otherwise misconceived or lacking in substance", pursuant to section 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act). 6. The matter initially came on for hearing on 7 March 2022 however, the applicant stated that he had not received the respondent's written submissions (that had been received at the Tribunal on 28 January 2022) and was not in a position to proceed with the hearing. The matter was adjourned to enable the provision of the written materials to the applicant and time for the applicant to prepare a response. 7. The hearing subsequently resumed with the agreement of the parties on 12 April 2022.