Stedman v Commissioner of Police, NSW Police Force [2024] NSWCATAD 140

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stedman v Commissioner of Police, NSW Police Force [2024] NSWCATAD 140 Hearing dates: 10 May 2024 Date of orders: 23 May 2024 Decision date: 23 May 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: K Robinson, Senior Member Decision: (1) The decision under review is set aside. (2) In substitution a decision is made that the Commissioner is to grant access to the body-worn video footage taken on 11 August 2023, except for information disclosing the identity of any third party who has not provided consent for the disclosure of their personal information, which is to be pixelated or otherwise obscured. (3) The order made on 10 May 2024 under s 64 of the Civil and Administrative Tribunal Act 2013 relating to the prohibition of publication or broadcast of the contents of exhibit CR3 is revoked. Catchwords: ADMINISTRATIVE REVIEW – access to government information – body-worn video footage – public interest test – public interest considerations in favour of disclosure not outweighed by public interest considerations against disclosure – whether pixelation is unduly onerous. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Surveillance Devices Act 2007 Cases Cited: Cheung v Commissioner of Police [2019] NSWCATAD 249 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Cousins v Ambulance Service of NSW [2014] NSWCATAD 48 FDY v Commissioner of Police [2021] NSWCATAD 285 FDY v Commissioner of Police, NSW Police Force [2022] NSWCATAP 367 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Morgan v Commissioner of Police [2021] NSWCATAD 173 Wojciechowska v Commissioner of Police [2021] NSWCATAD 284 YG and GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None Category: Principal judgment Parties: Gary Stedman (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: Applicant (Self-represented) J Curtin with T O'Connor (Respondent) File Number(s): 2023/00444282 Publication restriction: Nil