FA v Commissioner of Police, New South Wales Police (GD) [2004] NSWADTAP 7

Appeal Panel - Internal

CITATION: FA v Commissioner of Police, New South Wales Police (GD) [2004] NSWADTAP 7 APPELLANT PARTIES: FA RESPONDENT Commissioner of Police, New South Wales Police FILE NUMBER: 039069 HEARING DATES: 5/12/2003 SUBMISSIONS CLOSED: 12/15/2003 DATE OF DECISION: 03/10/2004

FA v Commissioner of Police, New South Wales Police Service [2003] NSWADT 196 DECISION UNDER APPEAL: BEFORE: Hennessy N - Magistrate (Deputy President); Higgins S - Judicial Member; Bolt M - Non Judicial Member CATCHWORDS: relevant/irrelevant considerations - statutory interpretation MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 023284 DATE OF DECISION UNDER APPEAL: 08/28/2003 Administrative Decisions Tribunal Act 1997 Australian Securities Commissioner Act 1989 LEGISLATION CITED : Freedom of Information Act 1982 (Commomwealth) Freedom of Information Act 1989 Interpretation Act 1987 BY v Director General, Attorney General's Department [2002] NSWADT 79 C and Department for Community Development, Re [1994] WAICmr 18 Commissioner of Police v District Court of NSW (1993) 31 NSWLR 606 Department of Health v Jephcott (1985) 62 ALR 421 Hamilton and Queensland Police Service [1994] QICmr 21 (1994) 2 QAR 182 Ingram v General Manager, Sutherland Shire Council [2000] NSWADT 69 Johns v Australian Securities Commissioner (1993) 178 CLR 408 Latham v Director General, Department of Community Services [2000] NSWADT 58 McCann and Queensland Police Service [1997] QICmr 10 CASES CITED: Mills v Meeking (1990) 91 ALR 16 Prisoners' Legal Service Inc and Queensland Corrective Services Commission [1997] QICmr 4 Public Interest Advocacy Centre and Department of Community Services and Health and Schering Pty Ltd 23 ALD 714 R v Abdullah [1999] NSWCCA 188 Re Pochi and Minister for Immigration and Ethnic Affairs (1977) 2 ALD 33 Re Rees and Australian Federal Police 57 ALD 686 Re Scholes and Australian Federal Police (1997) 44 ALD 299 Saleam v Commissioner of Police, NSW Police Service [2002] NSWADT 40 Watkins v Chief Executive, Roads and Traffic Authority [2000] NSWADT 11 Woodside and anor v Director General, Department of Community Services (CSD) [2000] NSWADTAP 8 APPELLANT REPRESENTATION: In person RESPONDENT M Tzannes, barrister ORDERS: 1.The Tribunal's decision to affirm the agency's determination to refuse access to the Issue 2 documents is set aside to the extent that the decision relies on the agency having made out an exemption pursuant to Clause 4(1)(b) to Schedule 1 of the Freedom of Information Act 1989. Because the Tribunal did not deal with the exemption under Clause 6, that issue is remitted to the Tribunal pursuant to s 114(2)(b) of the Administrative Decisions Tribunal Act 1997. We leave to the Tribunal the question of whether to hear further evidence on that issue. ; 2.In relation to the deleted portions of document D1 of the Issue 3 documents, the Appeal Panel affirms the Tribunal's decision. ; 3. In relation to the deleted portions of document D3 of the Issue 3 documents, the Appeal Panel affirms the Tribunal's decision.