Commissioner of Police, NSW Police Force v DYD [2023] NSWCATAP 244

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Police, NSW Police Force v DYD [2023] NSWCATAP 244 Hearing dates: 11 August 2023 Date of orders: 29 August 2023 Decision date: 29 August 2023 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President Dr R Dubler SC, Senior Member Decision: 1. Appeal upheld. 2. Set aside the orders of the Tribunal. 3. Remit the matter back to the Tribunal differently constituted for reconsideration in accordance with these reasons with or without further evidence as the Tribunal may consider. 4. Pursuant to s 64(1)(c) and (d) of the Civil and Administrative Tribunal Act 2013 the publication of the material in the confidential appeal bundle tendered in the appeal proceedings is prohibited and disclosure of the material in the confidential appeal bundle is restricted to the Commissioner of Police and the legal representatives for the Commissioner of Police and the Tribunal. 6. Pursuant to s 64(1)(b) of the Civil and Administrative Tribunal Act 2013 the publication and broadcast of any report of the confidential hearing of the appeal is prohibited. Catchwords: APPEAL – whether the Tribunal's reasons were adequate – whether inadequacy of reasons gives rise to a question of law Legislation Cited: Civil and Administrative Tribunal Act 2013 Government Information (Public) Access Act (2009) Cases Cited: Associated Provincial Picture Houses Limited v Wednesbury Corporation [1948] 1 KB 223 Commissioner of Victims Rights v Lechminka [2022] NSWCATAP 185 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Jung v Son [1998] NSWCA 120 Makkar v Solar Power Nation Pty Ltd [2023] NSWCATAP 187 Minister for Education and Citizenship v Li (2013) 249 CLR 332 Newcastle City Council v Newcastle East Residents Action Group Inc [2018] NSWCATAP 254 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Orr v Cobar Management Pty Ltd [2020] NSWCCA 220; 103 NSWLR 36 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Rice Marketing Board for the State of New South New South Wales v Forbidden Foods Pty Limited [2020] NSWCATAP 182 Pettitt v Dunkley [1971] 1 NSWLR 376 Scone Diesel Pty Ltd v Hall [2023] NSWCATAP 189 Starr v Johnston [2023] NSWCATAP 190 Volkswagen Group Australia Pty Ltd v Saad [2022] NSWCATAP 133 Texts Cited: Nil Category: Principal judgment Parties: Commissioner of Police, NSW Police Force (Appellant) DYD (Respondent) Representation: Counsel: D Birch (Appellant) Solicitor: Crown Solicitor (Appellant) Respondent (Self-represented) File Number(s): 2023/00158834 Publication restriction: 1. Pursuant to s 64(1)(c) and (d) of the Civil and Administrative Tribunal Act 2013 the publication of the material in the confidential appeal bundle tendered in the appeal proceedings is prohibited and disclosure of the material in the confidential appeal bundle is restricted to the Commissioner of Police and the legal representatives for the Police and the Tribunal. 2. Pursuant to s 64(1)(b) of the Civil and Administrative Tribunal Act 2013 the publication and broadcast of any report of the confidential hearing of the appeal is prohibited. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2023] NSWCATAD 97 Before: A Christie, Senior Member File Number(s): 2019/00252570