GGC v Commissioner of Police, NSW Police Force [2024] NSWCATAD 57

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GGC v Commissioner of Police, NSW Police Force [2024] NSWCATAD 57 Hearing dates: 19 February 2024 Date of orders: 05 March 2024 Decision date: 05 March 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: R C Titterton OAM, Senior Member Decision: 1. The decision of the respondent dated 4 September 2023 is varied so as to provide access to the applicant of the information appearing in: (a) the last sentence of the second last paragraph on page 3 of COPS Event Report E84662526; (b) the second last paragraph on page 2 of COPS Event Report E80938452; and (c) the fourth paragraph on page 3 of COPS Event Report E55128475. 2. The decision of the respondent dated 4 September 2023 is otherwise affirmed. 3. Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication and broadcast of the name of the applicant is prohibited. Catchwords: ADMINISTRATIVE LAW — access to government information — whether, on balance, the public interest considerations against disclosure outweigh the public interest considerations in favour of disclosure Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 61, 63(3) Government Information (Public Access) Act 2009 (NSW), ss 3, 5, 12, 13, 14, 15, 54, 55, 58, 73, 84, 100 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 21, 36(1)(e) Privacy and Personal Information Protection Act 1998 (NSW), s 18 Cases Cited: Adams v Commissioner for Police (NSW) [2022] NSWCATAD 178 Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Commissioner of Police Force v Barrett [2015] NSWCATAP 68 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 EMC v University of Sydney [2021] NSWCATAD 234 FLF v Children's Guardian [2022] NSWCATAD 380 FNJ v Commissioner of Police (NSW) [2022] NSWCATAD 130 Hrdavec v State of New South Wales [2022] NSWCA 52 Leech v Sydney Water Corporation [2010] NSWADT 298 Newcastle City Council v Newcastle East Residents Action Group Inc [2018] NSWCATAP 254 R v Rondo [2001] NSWCCA 540 Texts Cited: Nil Category: Principal judgment Parties: GGC (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Public Interest Advocacy Centre (Applicant) Crown Solicitor (Respondent) File Number(s): 2023/00343898 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication and broadcast of the name of the applicant. For this purpose, the pseudonym 'GGC' will be used for the name of the applicant.