NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FNY v Commissioner of Police, NSW Police Force [2023] NSWCATAD 211 Hearing dates: 17 April 2023 Date of orders: 8 August 2023 Decision date: 08 August 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: P French, Senior Member Decision: The Tribunal will take no action on the matter. Catchwords: ADMINISTRATIVE LAW – administrative review of a reviewable decision – Privacy and Personal Information Protection Act 1998 – security safeguards – disclosure of information – whether disclosure for purpose information collected – whether reasonably likely to be aware information would be disclosed Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 7, 9, 63 Administrative Decisions Tribunal Act 1997 (NSW), s 75 Civil and Administrative Tribunal Act 2013 (NSW), ss 28, 30 Crown Employees (Police Officers – Death and Disability) Award 2005 (NSW) Police Act 1990 (NSW), s 169A Police Regulation 2008 (NSW), r 75 Privacy and Personal Information Protection Act 1998 (NSW), ss 4, 12, 18, 20, 21, 25, 55 Cases Cited: BYW v Commissioner of Police, NSW Police Force [2015] NSWCATAP 270 KP v Narrandera Shire Council (GD) [2011] NSWADTAP 15 Texts Cited: Nil Category: Principal judgment Parties: FNY (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: FNY (Self-represented) Crown Solicitor (Respondent) File Number(s): 2022/00290425 Publication restriction: The disclosure of the name of the applicant is prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW). The applicant is to be known by the pseudonym FNY.
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