Agarwal v Commissioner of Police, NSW Police Force [2022] NSWCATAD 331

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Agarwal v Commissioner of Police, NSW Police Force [2022] NSWCATAD 331 Hearing dates: 4 August 2022 Date of orders: 12 October 2022 Decision date: 12 October 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: (1) Pursuant to s 63(3)(b) of the Administrative Decisions Review Act 1997 (NSW), the respondent's decision dated 5 April 2022 is varied as follows: With respect to item 14 of the GIPA request, access is refused on the basis that there is a conclusive presumption against disclosure of the information sought pursuant to cll 1(1) and (5) of the GIPA Act. (2) The decision is otherwise affirmed. Catchwords: ADMINISTRATIVE LAW – administrative review – Government information – reasonable searches – public interest considerations in favour of disclosure – public interest considerations against disclosure – balancing the public interest – legal professional privilege and litigation privilege – conclusive presumption against disclosure Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Criminal Procedure Act 1986 (NSW) Freedom of Information Act 1982 (Cth) Freedom of Information Act 1989 (NSW) Government Information (Public Access) Act 2009 (NSW) Local Court Act 2007 (NSW) Police Act 1990 (NSW) Shellharbour Rural Local Environmental Plan 2004 (NSW) State Records Act 1998 (NSW) Cases Cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57; [2006] HCA 46 Betzis v Commissioner of Police [2020] NSWCATAD 71 Campbell v Commissioner of Police, New South Wales Police Force [2022] NSWCATAD 12 Cianfrano v Director General Department of Commerce and Anor (No 2) [2006] NSWADT 195 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Fisher v Goulburn Mulwaree Council [2019] NSWCATAD 34] Hall v Department of Premier and Cabinet (NSW) [2012] NSWADT 46 Hansen v Commissioner of Police [2020] NSWCATAD 89 Leech v Sydney Water Corporation [2010] NSWADT 298 Luxford v Department of Education and Communities [2016] NSWCATAD 118 McKinnon v Secretary, Department of Treasury (2006) 228 CLR 423; [2006] HCA 45 Meldru v Wollondilly Shire Council [2017] NSWCATAD 292 Re Waterford and Department of the Treasury (No 2) (1984) 1 AAR 1 Searle Australia Pty Ltd v Public Interest Advocacy Centre (1992) 36 FCR 111; [1992] FCA 241 Smith v Commissioner of Police [2012] NSWADT 85 Taylor v Destination NSW [2017] NSWCATAD 272 Wojciechowska v Commissioner of Police [2020] NSWCATAP 173 YG & GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: Ashutosh Agarwal (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: M Barnes (Applicant) C Magee (Respondent) Solicitors: Acorn Lawyers (Applicant) McCullough Robertson (Respondent) File Number(s): 2022/00039059 Publication restriction: None