Commissioner of Police v Ritson [2023] NSWCA 300

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Commissioner of Police v Ritson [2023] NSWCA 300 Hearing dates: 23 November 2023 Date of orders: 13 December 2023 Decision date: 13 December 2023 Before: Bell CJ at [1]; Stern JA at [2]; Basten AJA at [3] Decision: (1) Grant the Commissioner of Police leave to appeal from order (2) made in the Common Law Division on 21 July 2023 dismissing the appeal to that Court. (2) Allow the appeal and set aside order (2) in the Common Law Division. (3) In place of that order: (a) allow the appeal from the decision of the Appeal Panel of 15 July 2022; (b) set aside order (3) dismissing the appeal from the Senior Member, and in place thereof: (i) set aside order (2) made by the Tribunal on 30 April 2021; (ii) set aside the orders made on 8 October 2021. (4) The effect of these orders being that Mr Ritson's applications before the Tribunal remain undetermined. (5) Direct that the Tribunal take such steps as it deems appropriate for the determination of those applications in accordance with the reasons of this Court, if the applications are pursued. Catchwords: ADMINISTRATIVE LAW – access to personal information – obligation of public sector agency – access to be provided without excessive delay – breach of obligation – power to order provision of information – unresolved issues as to application of conditions and limitations on disclosure obligation CIVIL PROCEDURE – Civil and Administrative Tribunal – appeals – leave to appeal – third appeal – original applicant inactive party – issue of principle as to power of Tribunal – statutory agency appearing as contradictor – no prejudice to original applicant STATUTORY INTERPRETATION – harmonious construction – two State Acts – provision in one Act picking up provisions from another Act – construing picked-up provision so as to apply in different legislative context Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 80, 83 Freedom of Information Act 1989 (NSW), s 25 Government Information (Public Access) Act 2009 (NSW), ss 5, 6, 12, 13, 14, Pt 4, Div 2, s 41, Div 3, ss 51, 53, Div 4, ss 57, 58, 60, 71, Sch 1 Police Act 1990 (NSW), Pt 8A Privacy and Personal Information Protection Act 1998 (NSW), ss 3, 4, 5, Pt 2, Div 1, ss 8-19, Div 2, ss 20, 21, 23, 24, 25, 27, 32, Pt 5, ss 53, 54, 55, 65, 69 Supreme Court Act 1970 (NSW), s 101 Cases Cited: Commissioner of Police (NSW Police Force) v DVT [2022] NSWCATAP 231 DVT v Commissioner of Police [2021] NSWCATAD 108 DVT v Commissioner of Police (No 3) [2021] NSWCATAD 290 John Robertson & Co Ltd (in liq) v Ferguson Transformers Pty Ltd (1973) 129 CLR 65; [1973] HCA 21 The King v The Commonwealth Court of Conciliation and Arbitration; Ex parte Barrett (1945) 70 CLR 141; [1945] HCA 50 Category: Principal judgment Parties: Commissioner of Police (Applicant) Brendan Ritson (First Respondent) Privacy Commissioner (Second Respondent) Representation: Counsel: P Herzfeld SC / J Curtin (Applicant) B Lim / H Ryan (Second Respondent)