RT v Commissioner of Police, NSW Police [2005] NSWADT 270

CITATION: RT v Commissioner of Police, NSW Police [2005] NSWADT 270 DIVISION: General Division APPLICANT PARTIES: RT RESPONDENT Commissioner of Police, New South Wales Police FILE NUMBER: 053129 HEARING DATES: 2/08/2005 SUBMISSIONS CLOSED: 08/02/2005 DATE OF DECISION: 11/29/2005

BEFORE: Montgomery S - Judicial Member APPLICATION: access to documents - personal affairs - Freedom of Information Act - access to documents - personal affairs MATTER FOR DECISION: Principal matter LEGISLATION CITED : Freedom of Information Act 1989 A-G's Department v Cockcroft [1986] 64 ALR 97 Chief Executive Officer, State Rail Authority v Woods [GD) [2003] NSWADTAP 25 Commissioner of Police -v- District Court of NSW (1993) 31 NSWLR 606 Desmond v Commissioner of Police, New South Wales Police Service [2003] NSWADT 231 CASES CITED: H -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 202 News Corp Ltd v News Corp Ltd v National Companies and Securities Commission (1984) 5 FCR 88 Re Atkinson and Public Transport Corporation (1992) 5 VAR 255 re B and Brisbane North Regional Health Authority [1994] 1 QAR 279 Re Easdown and Director of Public Prosecutions (1987) 2 VAR 102 Sobh v Police Force of Victoria (1994) 1 VR 41 APPLICANT REPRESENTATION: V Pigott, agent RESPONDENT W Pisani, agent ORDERS: 1. The decision under review is affirmed insofar as it relates to the determination to release documents either in full or subject to deletions and insofar as it relates to the determination not to release the documents identified as 'Event E 9183258' and 'Information Report I 21636782'; 2. The decision under review is set aside insofar as it relates to the determination not to release the remaining documents that were identified as falling within the scope of the application. In place of that part of the determination I make the fresh determination that those documents should be released subject to the deletions indicated in these reasons