Commissioner of Police v Ritson (“DVT”) (No 2) [2023] NSWSC 854

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of Police v Ritson ("DVT") (No 2) [2023] NSWSC 854 Hearing dates: 14 February 2023 and further written submissions dated 21 February 2023 Date of orders: 21 July 2023 Decision date: 21 July 2023 Jurisdiction: Common Law Before: Dhanji J Decision: (1) Leave to appeal is granted; and (2) The appeal is dismissed. Catchwords: ADMINISTRATIVE LAW – Judicial review – appeal from NCAT Appeal Panel – requirement of leave – meaning of "on a question of law" – procedural fairness – whether Commissioner of Police denied procedural fairness by Appeal Panel – where plaintiff sought to narrow the scope of Tribunal's jurisdiction – where it was not open to plaintiff to assume argument would be accepted by the Tribunal – nature of relationship between parties considered – no denial of procedural fairness – whether Tribunal had an obligation to supervise plaintiff's consideration of the request for information – not for the Tribunal to positively satisfy itself that plaintiff had considered legislation – where ample time had elapsed – plaintiff had obligation to be familiar with obligations under legislation – plaintiff experienced in litigation – adequate reasons in refusing to allow fresh evidence on appeal – whether the failure to admit evidence on appeal so unreasonable or plainly unjust – content of reasons – reasons given were adequate – appeal dismissed STATUTORY INTERPRETATION – Privacy and Personal Information Protection Act 1998 (NSW) (PPIP Act) and Government Information (Public Access) Act 2009 (NSW) (GIPA Act) – whether 60(1)(a) of the GIPA Act is picked up by s 20(5) of the PPIP Act – whether s 60(1)(a) of the GIPA Act imposes a "condition or a limitation" – not picked up by the PPIP Act Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Court Suppression and Non-Publication Orders Act 2010 (NSW) Government Information (Public Access) Act 2009 (NSW) Police Act 1900 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: Aboriginal Land Council (NSW) v Minister Administering Crown Lands Act (2007) 157 LGERA 18; [2007] NSWCA 281 AMZ v R [2013] NSWCCA 6 Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 CEU v University of Technology Sydney [2018] NSWCATAD 13 Commissioner of Police v Brendan Ritson (Supreme Court (NSW), Yehia J, 6 December 2022, unrep) Commissioner of Police (NSW Police Force) v DVT [2022] NSWCATAP 231 Commissioner of Police v Ritson ("DVT") [2023] NSWSC 108 Concoran v Far [2019] NSWSC 1284 Department of Education and Training v GA (No 3) [2004] NSWADTAP 50 Department of Education and Training v ZR (No 2) [2009] NSWADTAP 44 DL v The Queen (2018) 265 CLR 215; [2018] HCA 32 DVT v Commissioner of Police (No 2) [2021] NSWCATAD 195 DVT v Commissioner of Police (No 3) [2021] NSWCATAD 290 DVT v Commissioner of Police [2021] NSWCATAD 108 Hamra v The Queen (2017) 260 CLR 479; [2017] HCA 38 Hanson v Metricon Homes Pty Ltd [2020] NSWSC 401 Haritos v Federal Commissioner of Taxation (2015) 233 FCR 315; [2015] FCAFC 92 HT v The Queen [2019] HCA 40; (2019) 93 ALJR 1307 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Millar v Federal Commissioner of Taxation [2015] FCA 1104; (2015) 67 AAR 490 National Companies & Securities Commission v News Corp Ltd (1984) 156 CLR 296; [1984] HCA 29 New South Wales Land and Housing Corporation v Orr (2019) 100 NSWLR 578; [2019] NSWCA 231 Orr v Cobar Management Pty Limited (2020) 103 NSWLR 36; [2020] NSWCCA 220 Pollard v RRR Corporation Pty Limited [2009] NSWCA 110 R v PL [2009] NSWCCA 256; (2009) 199 A Crim R 1999 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex Parte Lam (2003) 214 CLR 1; [2003] HCA 6 Re Refugee Review Tribunal; Ex Parte Aala (2000) 204 CLR 82; [2000] HCA 57 Ros v Commissioner of Police [2020] NSWCATAP 70 Selvanayagam v University of West Indies [1983] 1 WLR 585 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Wainohu v New South Wales (2011) 243 CLR 181; [2011] HCA 24 Wesiak v D&R Constructions (Aust) Pty Ltd [2016] NSWCA 353 Williams v The Queen (1986) 161 CLR 278; [1986] HCA 88 Texts Cited: Administrative and Equal Opportunity Division Guideline Occupational Division Guideline Category: Principal judgment Parties: Commissioner of Police, NSW Police (Plaintiff) Brendan Ritson ("DVT") (First Defendant) Privacy Commissioner (Second Defendant) Representation: Counsel: J Emmett SC with J E Curtin (Plaintiff) B Lim with H Ryan (Second Defendant)