DYD v Commissioner of Police [2022] NSWCATAD 277

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DYD v Commissioner of Police [2022] NSWCATAD 277 Hearing dates: On the papers Date of orders: 19 August 2022 Decision date: 19 August 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: A Christie, Senior Member Decision: (1) A hearing in relation to the matters remitted to this Tribunal by the Appeal Panel for reconsideration (i.e. the 'Matters for Reconsideration') is dispensed with under s 50 of the CAT Act and the Tribunal will determine those matters in the absence of the parties on the papers. (2) Within 21 days of the date of this Order the Respondent must release the information (i.e. the relevant redacted information referred to in [27] and the full pages referred to in [28]) which appears beside the word "Release" in column 4 in the tables in [27] and [28], unless otherwise noted or as amended by the new findings in column 5 of the tables in paragraphs [27] and [28] of these Reasons for Decision. Catchwords: ADMINISTRATIVE REVIEW – Government Information (Public Access) Act – part of the original Tribunal decision remitted to Tribunal for reconsideration – identifying the specific public interest considerations for disclosure for each of the relevant information – application of Item 3(g) of the table attached to s 14 GIPA Act – reconsideration and rebalancing of the public interest considerations for and against disclosure. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 Police Act 1990 Cases Cited: Applicants v Commissioner of Police (NSW) [2015] NSWCATAD 22 Commissioner of Police v DYD [2020] NSWCATAP 224 Commissioner of Police, NSW Police Force v Barrett No. 2 [2016] NSWCATAP 86 Danis v Commissioner of Police, NSW Police Force [2020] NSWCATAD Department of Community Services v Latham [2000] NSWADTAP 21 Destination NSW v Taylor [2019] NSWCATAP 123 DYD v Commissioner of Police [2020] NSWCATAD 119 Forbidden Foods Pty Ltd v Rice Marketing Board of New South Wales [2020] NSWCATAD 18 Klaric v Commissioner of Police [2020] NSWCATAD 47 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216 Pemberton v Commissioner of Police [2020] NSWCATAD 135 Rae v Commissioner of Police [2020] NSWCATAD Smolenski v Commissioner of Police [2015] NSWCATAP 235 Taylor v Office of Destination NSW [2018] NSWCATAD 195 Transport for NSW v Searle [2018] NSWCATAP 93 Texts Cited: Nil Category: Principal judgment Parties: DYD (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant (Self Represented) Crown Solicitor (Respondent) File Number(s): 2019/00252570 Publication restriction: Pursuant to s 64 (a) Civil and Administrative Tribunal Act 2013 the publication of the name of the Applicant or any family member of the Applicant in relation to these proceedings is prohibited.