Olivieri v NSW Police Force [2010] NSWADT 299

CITATION: Olivieri v NSW Police Force [2010] NSWADT 299 This decision has been amended. Please see the end of the decision for a list of the amendments.

DIVISION: General Division

APPLICANT Tony Olivieri PARTIES: RESPONDENT NSW Police Force

FILE NUMBER: 093263

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 14 August 2010

DATE OF DECISION: 15 December 2010

BEFORE: Molony P - Judicial Member

CATCHWORDS: Freedom of Information Act - Access to documents - law enforcement & public safety – substantial and unreasonable diversion of agency's resources

LEGISLATION CITED : Freedom of Information Act 1989 Government Information (Public Access) Act 2009 Administrative Decisions Tribunal Act 1997

Attorney-General's Department v Cockcroft (1986) 64 ALR 97 Cianfrano v Premier's Department [2006] NSWADT 137 Challita v NSW Department of Education and Training (GD) [2009] NSWADTAP 70 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 CASES CITED: Dunstan v Department of Corrective Services [2004] NSWADT 177 IPART v Services Sydney Pty Ltd (GD) [2008] NSWADTAP 79 McKinnon v Secretary, Department of Treasury (2006) 228 CLR 423 R v Olivieri; R v Norman [2006] NSWSC 882

APPLICANT In person REPRESENTATION: RESPONDENT A Johnson, solicitor

(1) Affirm the decision of the Agency made on 12 May 2010 with respect to points 2, 7 and 8 ORDERS: (2) Set aside the decision of the Agency made on 12 May 2010 with respect to point 5, and in its place to determine that the document is not held by the Agency (3) Order that paragraphs 39 to 41 of these reasons, inclusive, not be disclosed to Mr Olivieri, his representatives, or to the public, and that those paragraphs not be published (4) Order that the confidential statement of Mr Downie not be disclosed to Mr Olivieri, his representatives, or to the public.