Dalzell v Commissioner of Police, NSW Police Force [2023] NSWCATAD 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dalzell v Commissioner of Police, NSW Police Force [2023] NSWCATAD 94 Hearing dates: 3 April 2023 Date of orders: 26 April 2023 Decision date: 26 April 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: (1) I remit the matter to the respondent for reconsideration under s 65(1) of the Administrative Decisions Review Act 1997 (NSW). (2) I order the Respondent to conduct further searches for the information sought in items (a) to (f) of the GIPA request and categories (4) and (5) of the applicant's request dated 8 February 2023, using the specific search terms of "lead" and "lead paint". (3) The matter is listed for mention before me on a date to be fixed by the Registry by way of AVL. (4) I grant liberty to the parties to approach the Registry in the meantime in the event that there is a resolution of the dispute. Catchwords: ADMINISTRATIVE LAW – administrative review – Government information – public interest test – balancing the public interest - lack of evidence in support of submissions - reasonable searches – amendment of GIPA request Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) State Records Act 1998 (NSW) Cases Cited: Fisher v Goulburn Mulwaree Council [2019] NSWCATAD 34 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hall v Department of Premier and Cabinet (NSW) [2012] NSWADT 46 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Klaric v Commissioner of Police [2020] NSWCATAP 153 Leech v Sydney Water Corporation [2010] NSWADT 298 McKinnon v Secretary, Department of Treasury (2006) 228 CLR 423 Meldru v Wollondilly Shire Council [2017] NSWCATAD 292 Taylor v Destination NSW [2017] NSWCATAD 272 YG & GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None cited Category: Principal judgment Parties: Belinda Ann Dalzell (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel K Young (Applicant)