Craft v Commissioner of Police [2022] NSWCATAD 271

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Craft v Commissioner of Police [2022] NSWCATAD 271 Hearing dates: 26 July 2022 Date of orders: 16 August 2022 Decision date: 16 August 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: The decision of the respondent dated 18 February 2022 is affirmed. Catchwords: ADMINISTRATIVE LAW – administrative review – Government information – public interest considerations in favour of disclosure of information – public interest factors against disclosure of information – Balancing the public interest Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Government Information (Public Access) Act 2009 (NSW) Government Sector Employment Act 2013 (NSW) Information Act 2002 (NT) Law Enforcement Conduct Commission Act 2016 (NSW) Mental Health Act 2007 (NSW) Police Regulation 2015 (NSW) Police Act 1990 (NSW) Work Health and Safety Act 2011 (NSW) Cases Cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57; (2006) 80 ALJR 1672; (2006) 229 ALR 457; [2006] HCA 46 at [61] Commissioner of Police, NSW Police Force v Barrett (No 2) [2016] NSWCATAP 86 at [59] Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Denyer v Commissioner of Police, NSW Police Force [2018] NSWCATAD 160 at [76]-[77], [80]-[81] Fisher v Goulburn Mulwaree Council [2019] NSWCATAD 34 at [10] Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 at [41] Hall v Department of Premier and Cabinet (NSW) [2012] NSWADT 46 at [45] Hurst v Wagga Wagga City Council [2011] NSWADT 307 at [94] Leech v Sydney Water Corporation [2010] NSWADT 298 at [25] Meldru v Wollondilly Shire Council [2017] NSWCATAD 292 at [7] Re Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634; (1979) 11 FLR 203; [1979] AATA 179 Rivero v Commissioner of Police, NSW Police Force [2019] NSWCATAD 115 Taylor v Destination NSW [2017] NSWCATAD 272 at [17] YG & GG v Minister for Community Services [2002] NSWCA 247 at [55] Texts Cited: None Category: Principal judgment Parties: Wayne Michael Craft (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant (Self-Represented) Sparke Helmore Lawyers (Respondent) File Number(s): 2022/00118327 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013, the publication or disclosure of the parts of these Reasons marked "NOT FOR PUBLICATION", other than to the respondent Commissioner of Police.