Commissioner of Police, NSW Police Force v DYD [2023] NSWCATAP 212

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Police, NSW Police Force v DYD [2023] NSWCATAP 212 Hearing dates: 21 October 2022 Date of orders: 1 August 2023 Decision date: 01 August 2023 Jurisdiction: Appeal Panel Before: R Dubler SC, Senior Member S Higgins, Senior Member Decision: (1) Appeal is allowed. (2) Order 2 made by the Tribunal on 19 August 2022 in proceedings 2019/00252570 is set aside to the extent that order applies to the redacted information on page 146, the redacted information in row three and five in the table at page 148 and the redacted information in row five on page 149 as listed on the Commissioner's Amended Schedule B - 'Documents for which access has been granted in part'. (3) The decision of the Commissioner, made pursuant to s 58(d) of the Government Information (Public Access Act), to refuse to provide access to the redacted information on page 146, the redacted information in row three and five in the table at page 148 and the redacted information in row five on page 149 as listed on the Commissioner's Amended Schedule B-'Documents for which access has been granted in part', is affirmed. Catchwords: APPEAL – questions of law – adequacy of reasons – application of 'not in the best interest of the child' in cl 3(g) of the Table to s 14 of the Government Information (Public Access) Act 2009 (NSW) Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Police Act 1990 (NSW) Cases Cited: Commissioner of Police, NSW Police Force v Camilleri [2012] NSWCATAP 19 Danis v Commissioner of Police, NSW Police Force [2020] NSWCATAD 138 FRK v Secretary, Department of Education [2003] NSWCATAD 126 Hall v Department of Premier and Cabinet (NSW) [2012] NSWADT 46 Leech v Sydney Water Corporation [2010] NSWADT 298 McGuirk v University of New South Wales (GD) [2007] NSWADTAP 1 McKinnon v Secretary, Department of Treasury (2006) 228 CLR 423; [2006] HCA 45 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Rice Marketing Board for the State of New South Wales v Forbidden Foods Pty Limited [2020] NSWCATAP 182 Texts Cited: None cited Category: Principal judgment Parties: Commissioner of Police, NSW Police Force (Appellant) DYD (Respondent) Representation: Crown Solicitor (Appellant) DYD (Self Represented) File Number(s): 2022/00269988 Publication restriction: Pursuant to s 64(a) of the Civil and Administrative Tribunal Act 2013 the publication of the name of the Respondent or any family member of the Respondent in relation to these proceedings is prohibited. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2022] NSWCATAD 277 Date of Decision: 19 August 2022 Before: A Christie, Senior Member File Number(s): 2019/00252570