Dezfouli v Commissioner of Police, NSW Police Force [2024] NSWCATAD 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dezfouli v Commissioner of Police, NSW Police Force [2024] NSWCATAD 15 Hearing dates: 3 November 2023 Date of orders: 17 January 2024 Decision date: 17 January 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: P French, Senior Member Decision: 1. The decision under review is set aside. 2. In substitution of that decision, the correct and preferable decision is to refuse to deal with the present application insofar as it concerns information that was the subject of the access application made by the applicant on 14 December 2018. 3. The access application is otherwise remitted to the agency to be dealt with in accordance with Parts 1 to 4 of the Government Information (Public Access) Act 2009 (NSW). Catchwords: ADMINISTRATIVE LAW – Government Information (Public Access) Act 2009 – refusal to deal with an access application – unreasonable and substantial diversion of agency resources – agency already decided a previous application for the information Legislation Cited: Administrative Decisions Review Act 1997 (NSW), s 55, 63 Government Information (Public Access) Act 2009 (NSW), s 3, 5, 9, 12, 14, 54, 54A, 57, 58, 60, 62, 64, 68, 69, 70, 105, Schedule 1 Cases Cited: Cainfranco v Director-General, Premiers Department [2006] NSWADT 137 Colefax v Department of Education and Communities (No. 2) [2013] NSWADT 130 Commissioner of Police (NSW) v Danis [2017] NSWCATAP 7 Dezfouli v Commissioner of Police [2020] NSWCATAD 103 Else v Ministry of Health [2021] NSWCATAD 381 Klaric v Commissioner of Police, NSW Police Force [2020] NSWCATAD 47 Ruyters v Commissioner of Police [2020] NSWCATAD 223 Loussikian v University of Sydney [2018] NSWCATAD 140 Morgan v Department of Family & Community Services [2016] NSWCATAD 125 Texts Cited: Nil Category: Principal judgment Parties: Saeed S Dezfouli (Applicant)