Carney v Commissioner of Police, NSW Police Force [2023] NSWCATAD 265

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Carney v Commissioner of Police, NSW Police Force [2023] NSWCATAD 265 Hearing dates: 8 September 2023 Date of orders: 17 October 2023 Decision date: 17 October 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: M Deane, Senior Member Decision: 1. The decision under review is set aside and remitted for reconsideration in accordance with the following directions: (a) within 3 weeks of the date of these orders, the Respondent must conduct reasonable searches for the requested information sought by the Applicant (as set out in paragraph [5] of this decision); (b) if the requested information has been destroyed, the Respondent must search for any footage which might be held by the Respondent in an electronic back up system; (c) the Respondent must document those searches in writing; (d) within 4 weeks of the date of these orders, the Respondent must reconsider the release of the requested information in accordance with the GIPA Act, advise the Applicant of the outcome of the reconsideration and give written reasons for its decision to the Applicant. 2. If there is a costs application, the costs applicant is to file and serve submissions and documents on the costs application within 2 weeks of the date of these orders. Those submissions must address the question of whether there are special circumstances warranting an award of costs under s 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW). 3. The costs respondent is to file and serve submissions and documents on the costs application within 4 weeks of the date of these orders. 4. The costs submissions of the parties are to state whether the parties seek an oral hearing on the issue of costs, or consent to the costs application being determined on the papers in accordance with s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW). 5. The Tribunal may determine that it is appropriate to deal with any costs application on the papers and without a further oral hearing. Catchwords: ADMINISTRATIVE LAW – Government information – information not held – whether reasonable searches conducted Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) State Records Act 1998 (NSW) Cases Cited: Amos v Central Coast Council [2019] NSWCATAD 226 Camilleri v Commissioner of Police (NSW) [2012] NSWADT 5 Commissioner of Police (NSW) v Camilleri [2012] NSWADTAP 19 Miriani v Commissioner of Police, New South Wales Police [2005] NSWADT 187 Robinson v Commissioner of Police [2014] NSWCATAP 73 Webb v Goulburn-Mulwaree Shire Council [2023] NSWCATAD 194 Wojciechowska v Commissioner of Police [2020] NSWCATAP 173 Wojciechowska v Commissioner of Police [2021] NSWCATAD 210 Texts Cited: nil Category: Principal judgment Parties: Frank Carney (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Applicant (Self Represented) Maddocks Lawyers (Respondent) File Number(s): 2023/00206888 Publication restriction: nil