Ugur v Commissioner of Police [2022] NSWCATAD 396

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ugur v Commissioner of Police [2022] NSWCATAD 396 Hearing dates: 31 March 2022 Date of orders: 15 December 2022 Decision date: 15 December 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: P French, Senior Member Decision: (1) The agency's decision that it does not hold further information within the scope of the applicant's access request is affirmed. (2) The agency's decision that there is a conclusive overriding public interest against disclosure of the duty book entries of its Counter Terrorism and Special Tactics Command is affirmed. (3) The agency's decision that there is an overriding public interest against the disclosure of the personal information of another person contained in police notebook no F258734 is affirmed Catchwords: ADMINISTRATIVE LAW – administrative review of a reviewable decision – decision that information is not held by the agency – conclusive overriding public interest against disclosure of a document created by the Counter Terrorism and Special Tactics Command - overriding public interest against disclosure of personal information Legislation Cited: Administrative Decisions Review Act 1997 (NSW) – ss 9, 55 Government Information (Public Access) Act 2009 (NSW) – ss 80,100, clause 7, Schedule 1, clause 1, Schedule 4 Government Sector Employment Act 2013 (NSW) – s 3 Cases Cited: Klaric v Commissioner of Police [2020] NSWCATAP 153 Shi v Migration Agents Regulatory Authority (2008) 235 CLR 286 Ugur v Commissioner of Police [2020] NSWCATAD 292 Ugur v Commissioner for Police [2021] NSWCATAP 298 Wojciechowska v Commissioner of Police [2020] NSWCATAP 173 Texts Cited: None cited Category: Principal judgment Parties: Haci Emin Orhan Ugur (Applicant) Commissioner of Police (Respondent) Representation: H E O Ugur (Self Represented) Norton Rose Fulbright (Respondent) File Number(s): 2020/00166818 Publication restriction: Nil