Gill v Commissioner of Police, NSW Police Force [2024] NSWCATAD 244

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gill v Commissioner of Police, NSW Police Force [2024] NSWCATAD 244 Hearing dates: 1 July 2024 Date of orders: 21 August 2024 Decision date: 21 August 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: R C Titterton OAM, Senior Member Decision: (1) The Tribunal extends the time for the filing of the application to 22 August 2023. (2) The Tribunal cannot make any determination or decision under the GIPA Act in relation to items 1 and 4. (3) The correct and preferable decision is to: (a) vary the respondent's decision of 31 May 2023 to reflect the further release of information on 18 December 2023, referred to in the updated schedule in respondent's Open Bundle at pp 27-29 of Tab 6A; (b) otherwise affirm the respondent's decision of 31 May 2023 on the basis that there is a conclusive and an overriding public interest against disclosure under s 58(1)(d) of the Government Information (Public Access) Act 2009 (NSW); and (c) otherwise dismiss the application for review. (4) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication of the confidential material filed by the respondent or matters contained in this material is prohibited. (5) Pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the confidential material or matters contained in this material is restricted to the respondent and the Tribunal. Catchwords: ADMINISTRATIVE LAW – GIPA Act – Government Information – Access - Balancing competing public interest factors for and against disclosure – effect of Telecommunications (Interception and Access) Act 1979 (Cth) Legislation Cited: Acts Interpretation Act 1901 (Cth), s 2C(1) Administrative Decisions Review Act 1997 (NSW), s 63 Civil and Administrative Tribunal Act 2013 (NSW), ss 44, 64 Commonwealth Constitution, s 109 Government Information (Public Access) Act 2009 (NSW), ss 3, 5, 5B, 8, 12, 13, 14, 58, 73, 101 Police Regulation 2015 (NSW), reg 76 Telecommunications (Interception and Access) Act 1979 (Cth), ss 5, 6EA, 7, 34, 39, 42, 63, 105, 299 Cases Cited: Battin v University of New England [2013] NSWADT 73 Commissioner, Australian Federal Police v Samsonidis [2007] FCAFC 54; 158 FCR 276 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 Hurst v Wagga Wagga City Council [2011] NSWADT 307 John Fairfax Publications Pty Ltd v doe (1995) 37 NSWLR 8 Kizon v Palmer (No. 1) (1997) 142 ALR 142 Kizon v Palmer (No. 2) (1998) 82 FCR 310; [1998] FCA 312 Mullet v Attorney-General's Department (Cth) [2012] AATA 103 R v Licensing Court of Brisbane; Ex parte Daniell [1920] HCA 24 Ruyters v Commissioner of Police [2021] NSWCATAD 41 SZGME v Minister for Immigration and Citizenship (2008) FCAC 91; 168 FCR 487 Sicard v The Hills Shire Council [2024] NSWCATAD 162 Taciak v Commissioner of Australian Federal Police (1995) 59 FCR 285 Taylor v Destination NSW [2020] NSWCATAD 137 Category: Principal judgment Parties: Andrew Gill (Applicant) Commissioner of Police, NSW Police Force, (Respondent) Attorney-General of New South Wales (Intervenor) Representation: Counsel: D T Kell SC and C Raad (Intervenor)