Commissioner of Police New South Wales v "N" [2003] NSWSC 943

Reported Decision : 58 NSWLR 458

New South Wales Supreme Court

CITATION : Commissioner of Police New South Wales v "N" [2003] NSWSC 943 HEARING DATE(S) : 09/10/03 JUDGMENT DATE : 23 October 2003

JUDGMENT OF : Cripps AJ DECISION : see para 27

CATCHWORDS : Freedon of Information Act 1989, s 39(b) - meaning and application of "administrative functions" LEGISLATION CITED : Freedom of Information Act 1989, s 39(b), s 9 Administrative Decisions Tribunal Act 1997, s 118(2) PARTIES : Commissioner of Police New South Wales - Appellant "N" - Respondent FILE NUMBER(S) : SC 30015/03 COUNSEL : D Yates SC with M Tzannes - Appellant T Molomby SC - Respondent SOLICITORS : Michael North Holmes - Appellant G J Gooden - Respondent

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

Cripps A J 23 October 2003

30015/03 - Commissioner of Police New South Wales v "N"

JUDGMENT 1 HIS HONOUR: The issue for determination is whether the words "administrative functions" where appearing in s 39 of the Freedom of Information Act 1989 (the FOI Act) applies to all functions discharged by the Police Service established under the Police Service Act 1990 or whether they are intended to refer to what have been described as an "internal" function as opposed to an "operational" function of the Police Service. 2 S 39 of the FOI Act relevantly provides: "A person to whom access to an agency's document has been given may apply for the amendment of the agency's records: (a) if the document contains information concerning the person's personal affairs; and (b) if the information is available for use by the agency in connection with its administrative functions; and (c) if the information is, in the person's opinion, incomplete, incorrect, out of date or misleading". 3 "Agency" is defined to mean: "A Government Department, public authority, local authority or public office, but does not include a body or office that is, by virtue of section 9 exempt from the operation of this Act in relation to all of its functions". (s 6(1) of the FOI Act .)