Shoebridge v The Office of the Minister for Police and Emergency Services [2014] NSWCATAD 189

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shoebridge v The Office of the Minister for Police and Emergency Services [2014] NSWCATAD 189 Hearing dates: 16 July 2014, 11 August 2014, 25 August 2014, 22 September 2014 Decision date: 06 November 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The application for a referral pursuant to section 112 of the Government Information (Public Access) Act 2009 is refused. Catchwords: Access to government information - access application - reasonable searches -whether bad faith - section 112 referral - power to make referral in relation to a person employed by a Minister Legislation Cited: Government Information (Public Access) Act 2009 Cases Cited: Saggers v Environment Protection Authority [2013] NSWADT 204 Category: Principal judgment Parties: David Shoebridge (Applicant) The Office of the Minister for Police and Emergency Services (Respondent) Representation: D Shoebridge (Applicant in person) Crown Solicitors Office (Respondent) File Number(s): 1410021

reasons for decision 1The Applicant has applied to the Tribunal for review of a determination by the Respondent under the Government Information (Public Access) Act 2009 ("the GIPA Act"). The determination was in relation to an access application by the Applicant in which he sought information held by the Respondent. The access application was in the following terms: All communications between the Minister for Police and Emergency Services and Metgasco Limited regarding the police response to protests at the Metgasgo facilities in northern NSW on 7 January 2013. Please see the attached document obtained by a previous GIPA for further information regarding the request. 2The document that was attached was an undated letter from Geoff Provest MP, the Parliamentary Secretary for Police and emergency Services, to Mr Peter J Henderson, Managing Director and CEO, Metgasco Limited. The letter commenced: Thank you for your letters to the Minister for Police and Emergency Services, the Hon Michael Gallacher MLC, regarding the police response to protests at Metgasco facilities in northern NSW. The Minister has asked me to reply on his behalf. ... 3Mr Thomas Gallagher, Policy Advisor to Mr Gallacher ("the Minister"), determined the access application on about 23 December 2013. In his reasons for his determination Mr Gallagher wrote: A search of the records has been undertaken to identify documents falling within the scope of your application. All electronic files and hardcopy records from staff within the office of the Minister for Police and Emergency Services and the Ministry for Police, and I have been advised that no further government information falling within the scope of your application has been identified. I have therefore decided under section 59(1)(b) of the GIPA Act that the information sought is not held by the Department. 4The Applicant contends that Mr Gallagher's decision was not credible given the opening paragraph of Mr Provest's letter. He argued that the access application unambiguously was seeking, inter alia, the letters to which Mr Provest had responded. He has applied to this Tribunal for external review of the determination. He sought the following orders: * an order for the production of the relevant letters, and all other documents covered by the application. * a finding that the Respondent's failure to produce was wilful and in conscious breach of its obligations under the GIPA Act.