Higgins v Commissioner of Police, New South Wales Police Force [2025] NSWCATAP 31

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Higgins v Commissioner of Police, New South Wales Police Force [2025] NSWCATAP 31 Hearing dates: 25 October 2024 Date of orders: 13 February 2025 Decision date: 13 February 2025 Jurisdiction: Appeal Panel Before: Hennessy ADCJ, Deputy President L Andelman, Senior Member Decision: (1) Leave is granted for the Appellant to appeal on the question other than a question of law. (2) Orders 3 and 4 of the Tribunal's orders of 27 June 2024 are set aside. (3) Pursuant to s 81(1)( e) of the Civil and Administrative Tribunal Act 2013, the Applicant's application for access to the Body-Worn-Video (BWV) footage is to be reconsidered by the Tribunal without further evidence. Catchwords: APPEALS — Adequacy of reasons – findings on material questions of fact – reasoning process APPEALS — Application of wrong principle - "copy access" and "view access" Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Surveillance Devices Act 2007 (NSW) Freedom of Information Act 1982 (Cth) Cases Cited: Cheung v Commissioner of Police [2019] NSWCATAD 249 Cousins v Ambulance Service of New South Wales [2014] NSWCATAD 48 McKinnon v Secretary, Department of the Treasury (2006) 228 CLR 423; [2006] HCA 45 Morgan v Commissioner of Police [2021] NSWCATAD 173 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Wojciechowska v Commissioner of Police [2021] NSWCATAD 284 Meacham v Commissioner of Police [2020] NSWCATAP 107 Unique Commercial Group Pty Ltd v Cusumano [2024] NSWCATAP 204 Howell v Macquarie University [2007] NSWADTAP 10 Texts Cited: None cited Category: Principal judgment Parties: Andrew Higgins (Appellant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Appellant (Self-Represented) Crown Solicitor (Respondent) File Number(s): 2024/00271545 Publication restriction: Nil Decision under appeal Court or tribunal: Higgins v Commissioner of Police, NSW Police Force Jurisdiction: Administrative and Equal Opportunity Division Citation: [2024] NSWCATAD 175 Date of Decision: 10 May 2024 Before: EA MacIntyre, Senior Member File Number(s): 2023/00443247