Commissioner of Police (NSW Police Force) v DVT [2022] NSWCATAP 231

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Police (NSW Police Force) v DVT [2022] NSWCATAP 231 Hearing dates: 18 March 2022 Date of orders: 15 July 2022 Decision date: 15 July 2022 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President R Dubler SC, Senior Member Decision: (1) Order 1 made on 30 April 2021 in 2020/1900127295 and 2019/00230579 is set aside. (2) The order made staying the operation of orders 1 and 2 made on 8th October 2021 is lifted and the period of 30 days stated in order 2 commences from the date of publication of these orders. (3) The appeal is otherwise dismissed. Catchwords: APPEAL- whether time should be extended following late lodgment-undertaking given by Appellant not to raise the effect of a deed entered into between the parties on the issue of the Respondent's entitlement to access personal information and the effect of the Appellant resiling from the undertaking-procedural fairness-whether scope of proceedings at first instance was limited to issue of excessive delay or whether scope included entitlement to the information- whether requests made by email to persons who may not open them constituted requests properly made- whether tribunal failed to ensure Appellant provided all relevant material to the tribunal concerning the Respondents entitlement to the information requested Legislation Cited: Privacy & Personal Information Protection Act 1998 (NSW) Administrative Decisions Review Act 1997 (NSW) Civil & Administrative Tribunal Act 2013 (NSW) Civil & Administrative Tribunal Rules 2014 (NSW) Government Information (Public Access) Act 2009 Privacy and Personal Information Protection Act 1998 NSW Cases Cited: Ormond v NSW National Parks & Wildlife Service (No 2) [2004] NSWADT 253 Cassar v New South Wales Crime Commission (2014) 87 NSWLR 684 Council of the Law Society of NSW v Jiao [2020] NSWCATOD 63 Department of Education & Training v ZR (No 2) (GD) [2009] NSWADTAP 44 AFU v Sydney Local Health District [2012] NSWADT 197 LN v Sydney Local Health District (GD) [2012] NSWADTAP 9 Category: Principal judgment Parties: Commissioner of Police (NSW Police Force) (Appellant)