FVA v Commissioner of Police, NSW Police Force (No 2) [2024] NSWCATAP 210

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FVA v Commissioner of Police, NSW Police Force (No 2) [2024] NSWCATAP 210 Hearing dates: 9 August 2024 Date of orders: 23 October 2024 Decision date: 23 October 2024 Jurisdiction: Appeal Panel Before: Seiden SC DCJ, Deputy President D Robertson, Senior Member Decision: (1) The appeal is allowed. (2) The matter is remitted to the Administrative and Equal Opportunity Division of the Tribunal, differently constituted, to be reheard. Catchwords: GOVERNMENT INFORMATION — access to government information — considering conditions on access under s 73(2) of the GIPA Act — creation of a new record — "000" call and "personal information" ADMINISTRATIVE LAW — whether the Tribunal erred in failing to consider ss 73(2) and 74 of the GIPA Act — Whether failing to address a party's adjournment application and proceeding in their absence is a material breach of procedural fairness — standing in the shoes of the administrator under s 63(2) of the ADR Act — remittal to Tribunal STATUTORY INTERPRETATION — meaning of s 75 of GIPA Act — conflict of provisions — generalia specialibus non derogant — whether s 75(2) or s 72 is dominant Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Australian Postal Corporation v Williams [2024] NSWCATAP 168 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Bellamy v Transport for NSW [2019] NSWCATAD 54 Evans v Chief Commissioner of State Revenue [2022] NSWCATAD 307 FHG v Cumberland City Council; Cumberland City Council v FHG [2023] NSWCATAP 91 FVA v Commissioner of Police, NSW Police Force [2024] NSWCATAP 127 FVA v Commissioner of Police, NSW Police Force [2023] NSWCATAD 236 Imbree v Chief Commissioner of State Revenue [2024] NSWCATAP 158 Liang v University of Technology, Sydney [2018] NSWCATAP 285 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2024) 98 ALJR 610; [2024] HCA 12 Marden v Pharmacy Council of New South Wales [2017] NSWCATAD 34 Mino v Legal Aid NSW [2015] NSWCATAD 245 Nathanson v Minister for Home Affairs (2022) 276 CLR 80; [2022] HCA 26 New South Wales Land and Housing Corporation v Orr (2019) 100 NSWLR 578; [2019] NSWCA 231 O'Grady v Sutherland Shire Council [2020] NSWCATAD 50 Perpetual Executors and Trustees Association of Australia Ltd v Federal Commissioner of Taxation (1948) 77 CLR 1; [1948] HCA 24 Refrigerated Express Lines (A'Asia) Pty Ltd v Australian Meat and Live-stock Corporation [1980] FCA 45; 29 ALR 333 Stead v State Government Insurance Commission (1986) 161 CLR 141; [1986] HCA 54 Texts Cited: Dennis Pearce, Statutory Interpretation in Australia (LexisNexis Butterworths, 9th ed, 2019) Category: Principal judgment Parties: FVA (Appellant) Commissioner of Police, NSW Police Force (Respondent) Representation: Appellant (self-represented) McCullough Robertson (Respondent) File Number(s): 2023/00305979 Publication restriction: On 28 June 2024, the Appeal Panel ordered that pursuant to section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), publication or broadcast of the name of the appellant is prohibited. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2023] NSWCATAD 236 Date of Decision: 14 July 2023 Before: M Riordan, Senior Member File Number(s): 2023/00077447