Bailey v Commissioner of Police, NSW Police Force [2023] NSWCATAP 103

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bailey v Commissioner of Police, NSW Police Force [2023] NSWCATAP 103 Hearing dates: 10 March 2023 Date of orders: 12 April 2023 Decision date: 12 April 2023 Jurisdiction: Appeal Panel Before: Hennessy ADCJ, Deputy President Dr R Dubler SC, Senior Member Decision: 1. The Appeal is allowed. 2. The decision is set aside with the whole of the decision remitted to the Administrative and Equal Opportunity Division, differently constituted, to be reconsidered, with fresh evidence allowed. 3. In accordance with s 64(1) of the Civil and Administrative Tribunal Act 2013, the publication, other than to the Commissioner of Police, NSW Police Force of the contents of the Respondent's 'Confidential Bundle' received by the Appeal Panel is prohibited. Catchwords: ADMINISTRATIVE LAW – freedom of information – government information public access – public interest considerations – failure to make findings as to whether there were any public interest considerations in favour of disclosure and the weight to be given to them – whether reasons were inadequate Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Choi v Commissioner of Police, NSW Police Force [2020] NSWCATAD 95 Collins v Urban [2014] NSWCATAP 17 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Crewdson v Central Sydney AHS [2002] NSW 345 DMP v Sydney Local Health District [2022] NSWCATAP 357 GA v The University of Sydney [2009] NSWADT 230 Leech v Sydney Water Corporation [2010] NSWADT 298 Meacham v Commissioner of Police [2020] NSWCATAP 107 Nasr v State of NSW [2007] NSWCA 101 NSW Land and Housing Corporation v Orr [2019] NSWCA 231 Robinson v Department of Health [2002] NSWADT 222 Ros v Commissioner of Police [2020] NSWCATAP 70 Snape v Commissioner of Police No 2 [2022] NSWCATAP 244 The Secretary, Department of Family and Community Services v Smith [2017] NSWCAT 206 The State of New South Wales v Forbidden Foods Pty Ltd [2020] NSWCATAP 182 Texts Cited: Nil Category: Principal judgment Parties: Julie Bailey, Appellant Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Robin Gurr (Agent) (Appellant) Crown Solicitor (Respondent) File Number(s): 2022/00370355 Publication restriction: In accordance with s 64(1) of the Civil and Administrative Tribunal Act 2013, the publication, other than to the Commissioner of Police, NSW Police Force of the contents of the Respondent's 'Confidential Bundle' received by the Appeal Panel is prohibited. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2022] NSWCATAD 362 Date of Decision: 11 November 2022 Before: M Griffin, Senior Member File Number(s): 2022/00141161