DEZ v Commissioner of Police, NSW Police Force [2015] NSWCATAD 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DEZ v Commissioner of Police, NSW Police Force [2015] NSWCATAD 15 Hearing dates: 26 and 27 November 2014 Date of orders: 03 February 2015 Decision date: 03 February 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: N Isenberg, Senior Member Decision: (1) The decision under review is affirmed.

(2) In accordance with s64 (1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the name of the applicant is prohibited.

(3) In accordance with s64 (1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication of the evidence contained in Exhibit R3 is prohibited. Catchwords: Government information – police - conclusive presumption of overriding public interest against disclosure – documents affecting law enforcement – prejudice to functions – prejudice to law enforcement Legislation Cited: Government Information (Public Access) Act 2009 Freedom of Information Act 1989 Police Act 1990 Law Enforcement (Powers and Responsibilities) Act 2002 Law Enforcement (Powers and Responsibilities) Regulation 2005 Cases Cited: Flack v Commissioner of Police [2011] NSWADT 286 Leech v Sydney Water Corporation [2010] NSWADT 298 Hurst v Wagga Wagga City Council [2011] NSWADT 307 RT v Commissioner of Police, NSW Police [2005] NSWADT 270 Category: Principal judgment Parties: DEZ (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Public Interest Advocacy Centre (Applicant) Sparke Helmore (Respondent) File Number(s): 133115, 133198 and 1410060 Publication restriction: See orders (2) and (3).