Karakaya v Commissioner of Police, NSW Police Force [2023] NSWCATAD 282

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Karakaya v Commissioner of Police, NSW Police Force [2023] NSWCATAD 282 Hearing dates: 5 October 2023 Date of orders: 27 October 2023 Decision date: 27 October 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: 1. The decision of the respondent is set aside in part. 2. The respondent is to release the information identified in paragraph [50] of these reasons. 3. The decision of the respondent is otherwise affirmed. Catchwords: ADMINISTRATIVE LAW – administrative review - Government Information – whether there is an overriding public interest consideration against disclosure - balancing the public interest Legislation Cited: Administrative Decisions Review Act 1997 Government Information (Public Access) Act 2009 Police Regulation 2015 Privacy and Personal Information Protection Act 1998 Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Beregi v Department of Planning Industry and Environment [2020] NSWCATAP 185 Bright v Eurobodalla Shire Council [2018] NSWCATAD 287 Commissioner of Police v Barrett [2015] NSWCATAP 68 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADATP 19 Collins v Department of Finance, Services and Innovation [2018] NSWCATAD 60 Donnellan v Ku-ring-gai Council [2013] NSWADT 115 EHW v Secretary, Department of Education [2022] NSWCATAD 140 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Leech v Sydney Water Corporation [2010] NSWADT 298 Leydon v Commissioner of Police [2019] NSWCATAD 267 Macquarie University v Howell (No 2) [2009] NSWADTAP 19 Newcastle City Council v Newcastle East Residents Action Group [2018] NSWCATAP 254 Raven v University of Sydney [2015] NSWCATAD 104 Simring v Commissioner of Police (NSW) [2009] NSWSC 270 South Dural Residents and Ratepayers Group Inc. v Roads and Maritime Services [2019] NSWCATAD 83 Texts Cited: None cited Category: Principal judgment Parties: Orhan Karakaya (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Applicant (Self-represented) Crown Solicitor (Respondent) File Number(s): 2023/00209757 Publication restriction: Section 64 of the Civil and Administrative Tribunal Act 2013 applies to the material filed by the respondents on a confidential basis, to the evidence given in private before the Tribunal and to the record of that part of the proceedings conducted in private pursuant to s 49. Pursuant to ss 64(1)(b) and 64(1)(c) the publication or reporting of those portions of the public hearing of the application which disclosed any of the redacted information, including the identity of persons other than the applicant and police officers, is prohibited. That material is not to be released to either the applicant or to the public.