McMillan v Commissioner of Police, NSW Police Force; Brady v Commissioner of Police, NSW Police Force [2013] NSWADT 53

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: McMillan v Commissioner of Police, NSW Police Force; Brady v Commissioner of Police, NSW Police Force [2013] NSWADT 53 Hearing dates: On the papers Decision date: 06 March 2013 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: The decisions under review are affirmed Catchwords: Disclosure of information provided to an agency in confidence - could reasonably be expected Legislation Cited: Administrative Decisions Tribunal Act 1997 Government Information (Public Access) Act 2009 Police Act 1990 Police Regulation 2008 Cases Cited: Commissioner of Police NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Director General, Department of Education and Training v Mullett (GD) [2002] NSWADTAP 13 Flack v Commissioner of Police [2011] NSWADT 286 IPART v Services Sydney Pty Ltd (GD) [2008] NSWADTAP 79 Leech v Sydney Water Corporation [2010] NSWADT 298 Category: Principal judgment Parties: Ovava McMillan (Applicant in matter 123016) Ken Brady (Applicant in matter 123017) Commissioner of Police, NSW Police Force (Respondent) Representation: C Zoppo, Sparke Helmore Lawyers File Number(s): 123016; 123017

reasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): Each of these matters relates to the same information and therefore I will deal with them together. 2The Applicant in matter No. 123016, Ms Ovava McMillan, applied to the Respondent under the Government Information (Public Access) Act 2009 ("the GIPA Act") seeking access to information held by the Respondent. She requested: All letters, reports, diary notes, duty books, notebooks written material/notes whether created electronically or otherwise and on mainframe or standalone systems in relation to a compliant by Ovava McMillan to Inspector Gordon Dunlop about LSC Craig Hewitt on 20 January 2011. 3The Applicant in matter No. 123017, Mr Ken Brady, lodged a separate request with the Respondent under the GIPA Act seeking access to information held by the Respondent. He requested: All documents, letters, reports and written material whether created electronically or otherwise, diary notes, duty books, and on mainframe or standalone systems in relation to LMI 100312 created at Griffith LAC. 4The Coordinator of the Respondent's information Access Unit, Senior Sergeant Brand, identified 23 documents as falling within the scope of Ms McMillan's request. Those documents were identified in a schedule provided to Ms McMillan with a summary of the documents which were released in part and the documents which were refused in full: IAU Ref Page # Name of Document Decision T = Section 14 Table 1 to 4 Mandatory Resolution Released in part T1(e) Outcome Report T1(f) 5 to 6 Review of LM1 1100312 Refused in full T1(e) T1 (f) 7 Email Refused in full T1(e) T1(f) 8 to 9 Email of Constable Gullotta Released in part T1(e) T1(f) 10 to 23 Police Internal Reports Released in part T1(e) T1(f)