Pedersen -v- Commissioner of Police [1999] NSWADT 113

CITATION: Pedersen -v- Commissioner of Police [1999] NSWADT 113

DIVISION: General

APPLICANT: Iver Pedersen

RESPONDENT: Commissioner of Police

FILE NUMBER: 993119

HEARING DATES: 09/17/1999

SUBMISSIONS CLOSED: 09/17/1999

DATE OF DECISION: 22 November 1999

K Wilson - Judicial Member BEFORE:

PRIMARY LEGISLATION: Freedom of Information Act, 1989

APPLICATION: Review of decision to refuse access to documents (or part thereof) -

MATTER FOR DECISION: Principal matter

Applicant: E Oates, solicitor, Oates and Smith Solicitors REPRESENTATION: Respondent: R Henderson of counsel instructed by R Salpeter, Crown Solicitor's Office

ORDERS: 1. The Tribunal determines that the applicant should be given access to copies of the handwritten notes that were made in relation to his assessment and that particular criteria and notes relating to other applicants should be deleted from any documents that are provided to him.

1 The applicant, Mr Iver Pedersen, made an application to the Assessment Services Directorate of the New South Wales Police Services on 4 February 1999 seeking access to all documents, notes, memoranda and reports compiled by, provided to, and/or considered by the Assessment Centre relating to his performance and appearance during an assessment process. 2 These documents were not made available and the applicant was advised by letter dated 1 March 1999 addressed to the Police Association of New South Wales the basis on which the Senior Legal Officer had decided that disclosure of the information sought would be contrary to the public interest. The decision maker sought to rely on the provisions set out in section 25(1)(a) of the Freedom of Information Act in that the provisions in schedule 1, clause 16(a) (I), (ii), (iii), of the Act were relevant. These provide as follows: "A document is an exempt document if it contains matter the disclosure of which: (a) could reasonably be expected: