AEZ v Commissioner of Police, NSW Police Force [2013] NSWADT 90

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AEZ v Commissioner of Police, NSW Police Force [2013] NSWADT 90 Hearing dates: 2 and 29 October 2012 Decision date: 29 April 2013 Jurisdiction: General Division Before: P H Molony, Judicial Member Decision: 1. On File No. 123149 the decision of the Agency is affirmed. 2. On File No. 113364 the decision of the Agency is varied so as to also give AEZ access to paragraph 8 of AQE's statement, such access to be given within 30 days of the date of these reasons. Catchwords: Government Information Public Access - confidential information -personal information - information provided to an agency in confidence - expected expose a persons to risk of harm or of serious harassment or serious intimidation - balance of public interest considerations - conclusive presumption that there is an overriding public interest against disclosure of information Legislation Cited: Anti-Discrimination Act 1977 Crimes Act 1900 (ACT) Crimes, Domestic and Personal Violence Act 2007 Equal Opportunity Act 1984 (SA Government Information (Public Access) Act 2009 Child Protection Act 1999 (Qld) Freedom of Information Act 1989 Section 40 of the Civil Law (Wrongs) Act 2002 (ACT) Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Henderson v McKenzie [2009] ACTSC 39 JY v Commissioner of Police, NSW Police [2008] NSWADT 306 Leech and in Neary v State Rail Authority [1999] NSWADT 107 McKinnon v Secretary, Department of Treasury [2006] HCA 45 McKinnon v Blacktown City Council [2012] NSWADT 44 R v Donovan [1934] 2KB 498 Richards v Commissioner, Department of Corrective Services [2011] NSWADT 98 Category: Principal judgment Parties: AEZ - Applicant Commissioner of Police, NSW Police Force - Respondent Representation: Counsel P Moorehouse - Applicant C Matzicaris - Respondent Van Cooney ( Applicant) Sparke Helmore - (Respondent) File Number(s): 113364 and 123149