Martin v Commissioner of Police, NSW Police [2005] NSWADT 23

CITATION: Martin v Commissioner of Police, NSW Police [2005] NSWADT 23 DIVISION: General Division APPLICANT PARTIES: Freida Joan Martin RESPONDENT Commissioner of Police, NSW Police FILE NUMBER: 043275 HEARING DATES: On the papers SUBMISSIONS CLOSED: 11/12/2004 DATE OF DECISION: 02/14/2005

BEFORE: Higgins S - Judicial Member APPLICATION: access to documents - confidential material - access to documents - personal affairs - Freedom of Information Act - access to documents - confidential material - Freedom of Information Act - access to documents - personal affairs MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Freedom of Information Act 1982 (Cth) Freedom of Information Act 1989 Colakovski v Australian Telecommunications Corporation (1991) 29 FCR 429 Commissioner of Police v District Court of New South Wales (Perrin's Case)(1993) 31 NSWLR 606 Commonwealth of Australia and Road Traffic Authority (1989) 19 FOI Rev 7 Gilling v General Manager, Hawkesbury City Council [1999] NSWADT 43 Humane Society International Inc v National Parks and Wildlife Service [2000] NSWADT 133 Re B (1994) 1QAR 279 Re Burns and ANU (No 2) (1985) 7 ALD 425 at 438-9 Re Dale and Australian Federal Police (1997) 47 ALD 417 CASES CITED: Re Eccleston (1993) 1 QAR 60) Re Green and Overseas Telecommunications Commission (1992) 28 ALD 655 Re Pfizer Pty Ltd and Department of Health, Housing and Community Services (1993) 30 ALD 647 Re Scholes and Australian Federal Police (1996) 44 ALD 299 Re Stewart v Department of Transport (1993) 1 QAR 227 Saleam v Director General, Department of Community Services and Ors [2202] NSWADT 41 Wiseman v the Commonwealth (unreported, Full Federal Court, 24 October 1989) Woods v Chief Executive Officer, State Rail Authority [2002] NSWADT 253 Young v Wicks (1986) 13 FCR APPLICANT REPRESENTATION: In person RESPONDENT P McLaughlin, solicitor ORDERS: 1. In respect of COPS Event Summary No. E:19496440:; a) the Commissioner's decision in respect of the deletions relating to the victim's name and address and the victim's and witness' CNI Number and sex is set aside and in substitution thereof a decision that the applicant be granted access to that information; b) the Commissioner's decision in respect of the deletions relating to the name and address of the witness and the victim's and witness' date of birth, driver licence number, home telephone number and mobile telephone number is affirmed, and ; c) within 28 days of this decision the Commissioner is to provide the applicant with a further copy of the Event Summary with the matters referred to in (a) above being disclosed and the exempt matters referred to in (b) above being deleted; 2. In respect of the Statements : ; a) pursuant to s. 63(3)(d) the Commissioner's decision is set aside and remitted for reconsideration in accordance with the reasons and findings of the Tribunal as set out in this decision, and; b) within 28 days of this decision the Commissioner is to provide the applicant with his reconsidered decision in respect of the statements.