HW v Commissioner of Police, New South Wales Police Service and Anor [2003] NSWADT 214

CITATION: HW v Commissioner of Police, New South Wales Police Service and Anor [2003] NSWADT 214 DIVISION: General Division APPLICANT HW PARTIES: FIRST RESPONDENT Commissioner of Police New South Wales Police Service SECOND RESPONDENT Director of Public Prosecutions FILE NUMBER: 023217; 023218 HEARING DATES: 04/082003 SUBMISSIONS CLOSED: 08/04/2003 DATE OF DECISION: 09/10/2003

BEFORE: O'Connor K - DCJ (President) APPLICATION: Privacy - information protection principle - collection - unlawful MATTER FOR DECISION: Preliminary matter Confiscation of Proceeds of Crime Act 1989 Criminal Assets Recovery Act 1990 Freedom of Information Act 1989 LEGISLATION CITED : Police Act 1990 Privacy & Personal Information Protection Act 1998 Protected Disclosures Act 1994 State Records Act 1998 CASES CITED: N (No. 3) -v- Commissioner of Police, New South Wales Police Service [2002] NSWADT 34 APPLICANT In person REPRESENTATION: FIRST RESPONDENT M Tzannes, counsel SECOND RESPONDENT S Free, solicitor ORDERS: 1. Application for review of the conduct of New South Wales Police Service dismissed.; 2. Application for review of the conduct of Director of Public Prosecutions dismissed, except in relation to the claim made in relation to an alleged contravention of s 11.; 3. Application for review of the conduct of Director of Public Prosecutions as it relates to s 11 to be relisted for further directions.