Barrett v Commissioner of Police, NSW Police Force [2014] NSWCATAD 31

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Barrett v Commissioner of Police, NSW Police Force [2014] NSWCATAD 31 Hearing dates: On the papers Decision date: 24 March 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: N Isenberg, Senior member Decision: The decisions insofar as they relate to s.58(1)(f) of the GIPA Act are set aside. The decisions are remitted to the Respondent for reconsideration in accordance with the Tribunal's reasons for decision under s.63(3)(d) of the Administrative Decisions Review Act 1997. Catchwords: Decision to refuse to confirm or deny that information is held by the agency - overriding public interest against disclosure of information confirming or denying that fact Legislation Cited: Government Information (Public Access) Act 2009 Freedom of Information Act 1989 Police Act 1990 Police Integrity Commission Act 1996 Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1982 (Cth) Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Cases Cited: Ibrahim v Commissioner of Police, New South Wales Police Service [2003] NSWADT 220 Kline v Official Secretary to the Governor General [2013] HCA 52 Black v Hunter New England Local Health District [2011] NSWADT 295 Ibrahim v Commissioner of Police, New South Wales Police [2004] NSWADTAP 8 Fisher v NSW Police [2002] NSWADT 267 Saleam v Commissioner of Police, New South Wales Police Service [2002] NSWADT 40 Category: Principal judgment Parties: John Barrett and Lara Barrett (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Crown Solicitors Office (Respondent) File Number(s): 123193, 123194