Beer v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 23

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Beer v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 23 Hearing dates: On the papers Decision date: 03 March 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: P Molony, Senior member Decision: Mr Beer's application for his name not to be disclosed under s 75(2)(b) of the Administrative Decision Tribunal Act 1997 Is refused Legislation Cited: Administrative Decision Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: AJO v Director-General Department of Transport [2012] NSWADT 101 Beer v Commissioner of Police NSW Police Force [2013] NSWADT 243 Howe v Veterinary Surgeons Investigating Committee (GD) [2003] NSWADTAP 14 QR v Commissioner of Police, New South Wales Police (GD) [2005] NSWADTAP 59 John Fairfax & Sons Ltd v Police Tribunal (1986) 5 NSWLR 465 Z -v- University of A, Dr D & B (No.4) [2002] NSWADT 14 Category: Interlocutory applications Parties: Peter Beer (Applicant) Commissioner of Police, New South Wales Police Force (Respondent) Representation: Applicant - In person Respondent - Sparke Helmore Lawyers File Number(s): 123342

reasons for decision

Background 1Mr Beer made an application to the Administrative Decisions Tribunal (the ADT) under the Government Information (Public Access) Act 2009 (the GIPA Act). The major issue in that proceeding was whether the Commissioner of Police had conducted an adequate search for the information that Mr Beer had requested. On 4 October 2013 I found that search had been adequate and affirmed the Commissioner's decision that the Agency did not hold that information: see Beer v Commissioner of Police NSW Police Force [2013] NSWADT 243 2The information Mr Beer had sought was an interview report relating to an interview of him by two police officers at Fairfield Police Station in June or July 1972. He also wanted the names and ages of the officers involved, a copy of "so-called" witness statements and the name of "the accuser." 3Mr Beer wrote to the Tribunal requesting that his name be anonymised in that decision, so that his identity would not be apparent. At my request the Registrar sought the views of the Commissioner with respect to Mr Beer's request. The Commissioner considered it a matter for the Tribunal. 4I declined to order that his name and identity not be disclosed. 5On 1 January 2014, the NSW Civil and Administrative Tribunal was established and on its establishment the Administrative Decisions Tribunal was abolished (see s 7 and cl 3 of Schedule 1 of the Civil and Administrative Tribunal Act 2013). By reason of cl 7 of Schedule 1 of the Civil and Administrative Tribunal Act 2013, this application is taken to be an application before the NSW Civil and Administrative Tribunal (NCAT), with the provisions of the GIPA Act continuing to apply. 6I have since been requested to provide reasons for that decision these are those reasons.