Snape v Commissioner of Police No 2 [2022] NSWCATAP 244

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Snape v Commissioner of Police No 2 [2022] NSWCATAP 244 Hearing dates: On the papers Date of orders: 25 July 2022 Decision date: 25 July 2022 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President P H Molony, Senior Member Decision: (1) Appeal allowed. (2) The decision is set aside with the whole of the decision remitted to the Administrative and Equal Opportunity Division, differently constituted, to be reconsidered, with fresh evidence allowed. Catchwords: Appeal – Freedom of Information – failure by Tribunal to consider some confidential information to which access was sought – material error of fact – failure to consider whether there were any public interest considerations in favour of disclosure and the weight to be given to them – s 13 of the Government Information (Public Access) Act 2010 - failure to consider a relevant consideration. Legislation Cited: Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2010 Freedom of Information Act 1989 (Repealed) Cases Cited: APD v Commissioner of Police, NSW Police Force [2012] NSWADT 42 Betzis v Commissioner of Police [2020] NSWCATAD 71 EGR v Commissioner of Police, NSW Police Force [2020] NSWCATAD 94 EMC v The University of Sydney [2021] NSWCATAD 234 Hannaford v Commonwealth Bank of Australia [2014] NSWCA 297 House v The King [1936] HCA 40; (1936) 55 CLR 499 JY v Commissioner of Police, NSW Police [2008] NSWADT 306 Snape v Commissioner of Police [2022] NSWCATAP 63 Snape v Commissioner of Police [2021] NSWCATAD 206 Texts Cited: None cited Category: Principal judgment Parties: Ronald Snape (Appellant) Commissioner of Police (Respondent) Representation: Appellant (Self Represented) Crown Solicitor (Respondent) File Number(s): 2021/00231436 Publication restriction: Nil Decision under appeal Court or tribunal: New South Wales Civil & Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: Not applicable Date of Decision: 16 July 2021 Before: C A Mulvey (Senior Member) File Number(s): 2021/00059569