Smolenski v Commissioner of Police, NSW Police [2015] NSWCATAD 21

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Smolenski v Commissioner of Police, NSW Police [2015] NSWCATAD 21 Hearing dates: 30 September 2014 Decision date: 20 February 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Decision: 1. On the basis of my findings I make the following orders:

a. Subject to order (b), the decision of the respondent is affirmed.

b. The decision of the respondent in regard to the following information is set aside and in substitution thereof a decision that the applicant be granted access to this information:

i) the name of the sender and recipient of the emails, the date on which they were sent, the subject matter of the email exchange and the information in the body of Mr Chittenden's email, other than the last paragraph (see paragraph 61 above).

ii) Pages 107 to 112 and 114 to 119 – the heading 'Comment' and the handwritten information thereunder. Catchwords: Administrative Law – administrative review of decision to refuse access to government information – access sought to information concerning application for a position as special constable (security) – whether the public interest consideration against disclosure, on balance, outweighed the public interest consideration in favour of disclosure. Application of the responsible and effective government, individual rights and exempt documents under the Commonwealth Freedom of Information Act 1984 public interest considerations in clause 1(c), (d) and (f), 3(a) of the table to subsection 14(2) of the Government Information (Public Access). Legislation Cited: Administrative Decisions Review Act 1997 Freedom of Information Act 1984 (Cth) Freedom of Information Act 1989 (NSW) (repealed) Government Information (Public Access) Act 2009 Government Information (Public Access) Regulation 2009 Police Act 1990 Police (Special Provisions) Act 1901 Cases Cited: AMH v Western New South Wales Local Health District [2013] NSWADT 280 Attorney-General's Department v Cockcroft (1986) 10 FCR180 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 McInnes v NSW Department of Education and Communities [2013] NSWADT 219 McKinnon v Secretary, Department of Treasury [2006] HCA 45 Troskie v NSW Department of Education & Communities [2014] NSWCATAD 155 Warren v NSW Trustee and Guardian [2013] NSWADT 178 Category: Principal judgment Parties: Richard Smolenski (Applicant) Commissioner of Police, NSW Police (Respondent) Representation: Solicitors: R Smolenski (Applicant in person) Office of the Crown Solicitor (for the Respondent) File Number(s): 133353