DYD v Commissioner of Police, NSW Police Force [2023] NSWCATAD 97

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DYD v Commissioner of Police, NSW Police Force [2023] NSWCATAD 97 Hearing dates: 16 January 2023 Date of orders: 1 May 2023 Decision date: 01 May 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: A Christie, Senior Member Decision: (1) The Commissioner of Police must release the information which is noted as for "release" in the tables in paragraphs [58] and [59] of these Reason for Decision within 21 days of the date of these Reasons for Decision. (2) The decisions of the Commissioner of Police (a) dated 30 September 2022 and (b) filed with the Tribunal on 1 November 2022 are otherwise affirmed. (3) Pursuant to s 49 of the Civil and Administrative Tribunal Act 2013 (NSW), part of the hearing was conducted in the absence of the applicant and the public insofar as it related to certain confidential material of the Commissioner of Police and CI Holgate's evidence as regards such (Confidential Part of the Hearing). (4) Pursuant to s 64(1)(b) of the Civil and Administrative Tribunal Act 2013, the publication and broadcast of any report of the proceedings of the Tribunal in the Confidential Part of the Hearing is prohibited. (5) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013, the publication of (a) evidence given in the Confidential Part of the Hearing, (b) the two confidential bundles of documents filed by the Commissioner of Police with the Tribunal on 1 November 2022 and (c) the confidential versions of CI Holgate's affidavits (sworn on 20 December 2019 and 28 October 2022) is prohibited. (6) Pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013, the disclosure of (a) the recording or any transcript of the Confidential Part of the Hearing, (b) the two confidential bundles of documents filed by the Commissioner of Police with the Tribunal on 1 November 2022 and (c) the confidential versions of CI Holgate's affidavits (sworn on 20 December 2019 and 28 October 2022) is restricted to the Commissioner of Police, the legal representatives for the Commissioner of Police and the Tribunal. Catchwords: ADMINISTRATIVE LAW – administrative review - Government Information (Public Access) – establishing the claimed effect of the considerations against disclosure in relation to the specific information - balancing of public interest considerations for and against disclosure Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 (NSW) Police Act 1990 (NSW) Cases Cited: Battin v University of New England [2013] NSWADT 73 Commissioner of Police v DYD [2020] NSWCATAP 224 Commissioner of Police, NSW Police Force v Barrett [2015] NSWCATAP 68 Commissioner of Police, NSW Police Force v Barrett (No.2) [2016] NSWCATAP 86 Commissioner of Police, NSW Police Force v Camilleri [2012] NSWADTAP 19 Destination NSW V Taylor [2019] NSWCATAP 123 DYD v Commissioner of Police [2020] NSWCATAD 119 DYD v Commissioner of Police [2022] NSWCATAD 277 Forbidden Foods Pty Ltd v Rice Marketing Board of New South Wales [2020] NSWCATAD 18 Frugtniet v Administrative Decisions Tribunal (Appeal Panel) [2005] NSWCAT 257 Leydon v Commissioner of Police [2019] NSWCATAD 267 O'Grady v Sutherland Shine Council [2020] NSWCATAD 50 Smolenski v Commissioner of Police [2015] NSWCATAP 235 Taylor v Office of Destination NSW [2018] NSWCATAD 195 Tedder v Commissioner of Police, NSW Police Force [2017] NSWCATAD 226 Category: Principal judgment Parties: DYD (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Applicant (Self Represented) Crown Solicitor (Respondent) File Number(s): 2019/00252570 Publication restriction: Pursuant to s 64(a) Civil and Administrative Tribunal Act 2013 the publication of the name of the Applicant or any family member of the Applicant in relation to these proceedings is prohibited.