Kennedy -v- Commissioner of Police [2001] NSWADT 39

CITATION: Kennedy -v- Commissioner of Police [2001] NSWADT 39 DIVISION: General Division APPLICANT PARTIES: Rodney Kennedy RESPONDENT Commisioner of Police, New South Wales Police Service FILE NUMBER: 003276 HEARING DATES: 21/12/2000 SUBMISSIONS CLOSED: 12/21/2000 DATE OF DECISION: 03/14/2001

BEFORE: Hennessy N (Deputy President) APPLICATION: access to documents - law enforcement & public safety - Freedom of Information Act - access to documents - law enforcement & public safety MATTER FOR DECISION: Principal matter Administrative Decisions Legislation Amendment Act 1997 LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989 Police Service Act 1990 Watkins -v- Chief Executive, Roads and Traffic Authority [2000] NSWADT 11 Rittau -v- Commissioner of Police, New South Wales Police Service and Anor [2000] NSWADT 186 Ekermawi -v- Commissioner of Police, NSW Police Service and The Premier of New South Wales [2001] NSWADT 27 Hawker v The Premier's Department of New South Wales (unreported NSW District court, Urquhardt J, 17 December 1990 Mangoplah Pastoral Co Pty Ltd -v- Great Southern Energy [1999] NSWADT 93 Department of Industrial Relations v Burchill (1991) 33 FCR 122 CASES CITED: Australian Doctors' Fund Ltd v Commonwealth of Australia (1994) 49 FCR 478 Mills v Meeking (1990) 91 ALR 16 Hawker v The Premier's Department (unreported NSW District Court, 17 December 1990 Department of Industrial Relations v Burchill (1991) 33 FCR 122 Australian Doctors' Fund Ltd v Commonwealth of Australia (1994) 49 FCR 478 Esso Australia Resources Ltd v Commissioner of Taxation [1999] HCA 67 A-G's Department v Cockcroft (1986) 64 ALR 97 Re: O'Grady and: Australian Federal Police (1983) 5 ALN N420 APPLICANT REPRESENTATION: In person RESPONDENT Mr Spartalas, barrister ORDERS: 1. The agency's decision to refuse access to the documents in dispute is affirmed. ; 2. All exempt material should be returned to personally to Mr Tunks, solicitor for the agency, 28 days from the date of this decision.