FRM v Commissioner of Police, NSW Police Force [2023] NSWCATAD 18

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FRM v Commissioner of Police, NSW Police Force [2023] NSWCATAD 18 Hearing dates: 13 December 2022 Date of orders: 19 January 2023 Decision date: 19 January 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: M Griffin, Senior Member Decision: The Tribunal varies the Respondent's decision of 12 July 2022 as amended by the decision of 16 August 2022 to allow disclosure to the Applicant of two Event Reports as redacted at Tabs 6 and 7 of the Respondent's Bundle of documents. Otherwise, the 12 July 2022 decision as amended by the decision of 16 August 2022 is affirmed. Catchwords: ADMINISTRATIVE LAW - freedom of information- government information public access - public interest considerations - secrecy provision in other legislation – whether overriding public interest against disclosure – form of access – provision of alternative form of access - Government Information (Public Access) Act 2009 (NSW) Legislation Cited: Civil and Administrative Tribunal Act (NSW) 2013 Government Information (Public Access) Act 2009 Surveillance Devices Act 2007 Surveillance Devices Regulation 2014 (NSW) Cases Cited: FDY v Commissioner of Police, NSW Police Force [2022] NSWCATAP 367 Morgan v Commissioner of Police [2021] NSWCATAD 173 Camilleri v Commissioner of Police (NSW) [2013] NSWADT 80 Cheung v Commissioner of Police [2019] NSWCATAD 249 Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Commissioner of Police, NSW Police Force v Camilleri [2012] NSWADATP 19 EGR v Commissioner of Police, NSW Police Force [2020] NSWCATAD 94 FDY v Commissioner of Police [2021] NSWCATAD 285 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Gene Simring v Commissioner of Police, NSW Police [2009] NSWSC 270 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Leech v Sydney Water Corporation [2010] NSWADT 298 Sherman v Commissioner of Police, NSW Police Force [2016] NSWCATAD 107 Voitenko t/as Access Party Hire v Zürich Australian Insurance Limited [2016] NSWSC 324 Texts Cited: None cited Category: Principal judgment Parties: FRM (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Rebecca Dunlop Solicitor (Applicant) Crown Solicitor (Respondent) File Number(s): 2022/00273107 Publication restriction: In accordance with s 64(1) of the Civil and Administrative Tribunal Act 2013, the publication or disclosure, other than to the parties and their legal representatives, of the identities of the parents of the Applicant and of the Applicant, is prohibited.