Higgins v Commissioner of Police, NSW Police Force [2024] NSWCATAD 175

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Higgins v Commissioner of Police, NSW Police Force [2024] NSWCATAD 175 Hearing dates: 10 May 2024 Date of orders: 27 June 2024 Decision date: 27 June 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: EA MacIntyre, Senior Member Decision: 1. The Respondent's decision made on 18 August 2023 is set aside. 2. In substitution, a decision is made that the Respondent is to grant the Applicant access to the In-Car-Video footage taken on 9 April 2023, except for police radio communications and other 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 Respondent's decision that the Applicant is given access to the Body-Worn-Video footage taken on 9 April 2023 pursuant to s 72(1)(c) is affirmed. 4. The viewing access ordered under (3) above to be facilitated online by the Respondent, by way of a secure file transfer platform service. Catchwords: ADMINISTRATIVE LAW – jurisdiction of the tribunal - matter between a State and a resident of another State – whether tribunal exercising judicial power or administrative power. ADMINISTRATIVE LAW – administrative review –access to government information – correct and preferable decision – whether the public interest consideration against disclosure, on balance outweighs the public interest consideration in favour of disclosure - whether there is an overriding public interest against disclosure of information – reasonable expectation of contravention of a provision of any other Act or statutory rule - prejudice to effective exercise of an agency's functions - individual's personal information Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Government Sector Employment Act 2013 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Surveillance Devices Act 2007 (NSW) Cases Cited: Cheung v Commissioner of Police [2019] NSWCATAD 249 Commissioner of Police v Camilleri [2012] NSWADTAP 19 FDY v Commissioner of Police [2021] NSWCATAD 285 FDY v Commissioner of Police, NSW Police Force [2022] NSWCATAP 367 Morgan v Commissioner of Police [2021] NSWCATAD 173 Wojciechowska v Commissioner of Police [2021] NSWCATAD 284 Wojciechowska v Secretary, Department of Communities and Justice; Wojciechowska v Registrar, Civil and Administrative Tribunal [2023] NSWCA 191 Category: Principal judgment Parties: Andrew Higgins (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Applicant (Self-represented) Solicitors: Crown Solicitor (Respondent) File Number(s): 2023/00443247 Publication restriction: None