Camilleri v Commissioner of Police, NSW Police Force [2013] NSWADT 80

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Camilleri v Commissioner of Police, NSW Police Force [2013] NSWADT 80 Hearing dates: 7 November 2012 Decision date: 17 April 2013 Jurisdiction: General Division Before: Naida Isenberg, Judicial member Decision: Matter 123155 (remitted matter 113105): the decision under review is affirmed Legislation Cited: Government Information (Public Access) Act 2009 Freedom of Information Act 1989 Cases Cited: Commissioner of Police v Camilleri [2012] NSWADTAP 19 Nature Conservation Council of NSW v Department of Trade and Investment, Regional Infrastructure and Services [2012] NSWADT 195 Commissioner of Police v Camilleri [2012] NSWADTAP 19 Category: Principal judgment Parties: Clement Camilleri (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: C Camilleri (Applicant in person) Sparke Helmore Lawyers (Respondent) File Number(s): 123155

reasons for decision

BACKGROUND 1There has been conflict between Clement Camilleri, the Applicant and the owner of a neighbouring property, Mr Bartolo for some years. A 000 telephone call was made from the Bartolo residence, at about 3.00 am on 1 April 2008 complaining that the Applicant had splashed paint on parts of the Bartolo property. At about the same time that night the Applicant reported to Police, alleging that Mr Bartolo had fired shots at his car. The complaint against the Applicant led to a charge of malicious damage, which was ultimately dismissed. The Applicant, requested the Respondent to provide access to information, pursuant to the Government Information (Public Access) Act 2009 ('GIPA Act'), the transcript or recording of the 000 call. The Respondent refused the request. 2The Applicant sought review by the Tribunal ('the first hearing') and I set aside the Respondent's determination: Camilleri v Commissioner of Police [2012] NSWADT 5. That decision was appealed by the Respondent and the Appeal Panel allowed the appeal and remitted the matter for reconsideration: Commissioner of Police v Camilleri [2012] NSWADTAP 19. 3The Applicant also made a request for information in relation to a network radio call between 2 Police officers. That request was also refused, and that decision was also for review by the Tribunal. When it was ascertained that there was no radio call using the network, the parties agreed that the appropriate course was for the application for review in respect of that matter to be dismissed.