FNJ v Commissioner of Police, NSW Police Force [2022] NSWCATAD 130

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FNJ v Commissioner of Police, NSW Police Force [2022] NSWCATAD 130 Hearing dates: On the papers and 29 September 2022 Date of orders: 2 December 2022 Decision date: 02 December 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member Decision: (1) The decision of the respondent not to deal with the information sought by the applicant in Parts 1 and 3 of his access application is affirmed. (2) The decision of the respondent that no further information is held in response to Part 2 of the applicant's access application is affirmed. (3) The decision of the respondent to refuse to deal with Part 4 of the applicant's access application is set aside and in substitution thereof a decision is made that no information is held in response to Part 4 of the applicant's access application. (4) The decision of the respondent to refuse the applicant access to the redacted information in event report E xxxxxx901 and the redacted information in the Constable's notebook for 13 September 2019 is affirmed. (5) The decision of the respondent that no further information is held in response to Part 5 of the applicant's access application is affirmed. (6) The decision of the respondent to refuse the applicant access to the telephone recordings made on 27 and 28 May 2019 is affirmed. (7) The decision of the respondent that no further information is held in response to Part 7 of the applicant's access application is affirmed. (8) The decision of the respondent that no information is held in response to Part 8 of the applicant's access application is affirmed. Catchwords: ADMINISTRAVIVE LAW – Access to government information – information not held - conclusive presumed public interest against disclosure - Government Information (Public Access)09 (NSW) s 14(1) and Sch 1 cl 7 ADMINISTRAVIVE LAW – Access to government information – refuse to deal with information sought - Government Information (Public Access) Act 2009 (NSW) s 60(1)(d) and (e) ADMINISTRATIVE LAW – Access to government information - public interest considerations against disclosure - Government Information (Public Access) Act 2009 (NSW) s 14(2) and table item 1(d), 1(f), 2(a), 3(a), 3(b) and 3(g) – whether, on balance, the public interests against disclosure outweigh the public interest in favour of disclosure Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Freedom of Information Act 1989 (NSW) (repealed) Government Information (Public Access) Act 2009 (NSW) Police Act 1990 Privacy and Personal Information Protection Act 1998 Cases Cited: Commissioner of Police v Danis [2017] NSWCATAP 7 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 DYD v Commissioner of Police [2019] NSWCATAD 265 Leech v Sydney Water Corporation [2010] NSWADT 298 Macquarie University v Howell (No 2) [2009] NSWADTAP 19 McKinnon v Black Town City Council [2012] NSWADT 44 McLennan v University of New England [2013] NSWADT 113 Miskelly v Secretary, Department of Education [2019] NSWCATAD 48 Neary v State Rail Authority [1999] NSWADT 107 Raven v The University of Sydney [2015] NSWCATAD 104 Searle Australia Pty Ltd v PIAC [1992] FCA 241; (1992) 108 ALR 163 Category: Principal judgment Parties: FNJ (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: B Hoyles (Guardian ad Litem) (Applicant) Crown Solicitor (Respondent) File Number(s): 2020/0062665 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication and broadcast of the name of the applicant and any person to which the applicant's access application relates is prohibited. For this purpose, the pseudonym 'FNJ' will be used for the name of the applicant. It is noted that s 64(4) of that Act provides that a reference to the name of the applicant and any person to which the applicant's access application relates includes a reference to any information, picture or other material that identifies the applicant and any person to which the applicant's access application relates or is likely to lead to the identification of the applicant or these persons.