GHW v Commissioner of Police, NSW Police Force [2024] NSWCATAD 215

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GHW v Commissioner of Police, NSW Police Force [2024] NSWCATAD 215 Hearing dates: 20 May 2024 and 3 July 2024 Date of orders: 01 August 2024 Decision date: 01 August 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: EA MacIntyre, Senior Member Decision: (1) The decision under review is set aside and remitted to the Respondent for reconsideration under s 63(3)(d) of the Administrative Decisions Review Act 1997 (NSW) in accordance with these reasons. (2) Pursuant to ss 64(1)(a) and (c) of the Civil and Administrative Tribunal Act 2013, the publication or broadcast of the names of the Applicant, his children, the children's mother and the children's places of education is prohibited. Catchwords: ADMINISTRATIVE LAW - administrative review - government information - access application - enforceable right to access government information - refusal to deal with access application - an unreasonable and substantial diversion of resources - estimated volume of information - demonstrable importance of information to applicant - presumption in favour of the disclosure of government information - overriding public interest against disclosure - public interest considerations against disclosure - public interest considerations in favour of disclosure - balance ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Cianfrano v Director General, Premier's Department [2006] NSWADT 137 Colefax v Department of Education and Communities No 2 [2013] NSWADT 130 Commissioner of Police v Danis [2017] NSWCATAP 7 Dezfouli v Commissioner of Police, NSW Police Force [2024] NSWCATAD 15 Dibb v Transport for NSW [2022] NSWCATAD 398 Loussikian v University of Sydney [2018] NSWCATAD 140 Singh v Legal Aid Commission (No 2) [2015] NSWCATAD 5 Ruyters v Commissioner of Police [2020] NSWCATAD 223 Wojciechowska v Commissioner of Police, NSW Police Force [2024] NSWCATAD 46 Texts Cited: Nil Category: Principal judgment Parties: GHW (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Applicant (Self-Represented) Crown Solicitor (Respondent) File Number(s): 2024/00016709 Publication restriction: Pursuant to ss 64(1)(a) and (c) of the Civil and Administrative Tribunal Act 2013, the publication or broadcast of the names of the Applicant, his children, the children's mother and the children's places of education is prohibited.