DZ -v- Commissioner of Police, New South Wales Police Service [2002] NSWADT 274

CITATION: DZ -v- Commissioner of Police, New South Wales Police Service [2002] NSWADT 274 DIVISION: General Division APPLICANT PARTIES: DZ RESPONDENT Commissioner of Police, New South Wales Police Service FILE NUMBER: 013079 HEARING DATES: 23/08/2001, 24/08/2001, 11/10/2001, 22/08/2002, 20/09/2002 SUBMISSIONS CLOSED: 11/15/2002 DATE OF DECISION: 12/20/2002

BEFORE: Hennessy N - Magistrate (Deputy President) APPLICATION: access to documents - adequacy of search - access to documents - confidential material - access to documents - internal working documents - access to documents - law enforcement & public safety - access to documents - legal professional privilege - access to documents - personal affairs - Freedom of Information Act - access to documents - adequacy of search - Freedom of Information Act - access to documents - confidential material - Freedom of Information Act - access to documents - internal working documents - Freedom of Information Act - access to documents - law enforcement & public safety - Freedom of Information Act - access to documents - legal professional privilege - Freedom of Information Act - access to documents - personal affairs - Freedom of Information Act - access to documents - secrecy provisions - access to documents - secrecy provisions - Costs MATTER FOR DECISION: Principal matter Evidence Act 1995 LEGISLATION CITED : Freedom of Information Act 1989 Police Integrity Commission Act 1996 Royal Commission (Police Service) Act 1994 Mangoplah Pastoral Co Pty Ltd v Great Southern Energy [1999] NSWADT 93 Beesley -v- Commissioner of Police, New South Wales Police Service [2000] NSWADT 52 Cerminara v Commissioner of Police [2001] NSWADT 95 Watkins v Chief Executive, Roads and Traffic Authority [2000] NSWADT 11 Odisho v Chief Executive, Roads and Traffic Authority [2001] NSW ADT 49 CASES CITED: Mauger -v- General Manager, Wingecarribee Shire Council [1999] NSWADT 35 Re Briggs (No 2) and Australian Taxation Office (1986) 86 ATC 2.040 Esso Australia Resources Ltd v Commissioner of Taxation [1999] HCA 67 Grant v Downs (1976) 135 CLR 674 Charteris v. General Manager, Leichhardt Municipal Council (GD) [2001] NSWADTAP 12 Re Lianos and the Department of Social Security (1985) 7 ALD 475 APPLICANT REPRESENTATION: In person RESPONDENT D Godwin, barrister ORDERS: 1. The agency's decision not to provide DZ with access to documents because they cannot be sufficiently identified or located is affirmed; 2. The agency's decision not to release certain documents to the applicant because they are covered by an exemption is affirmed.