Applicants v Commissioner of Police [2015] NSWCATAD 22

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Applicants v Commissioner of Police [2015] NSWCATAD 22 Decision date: 23 February 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Lucy, Senior Member Decision: 1. Disclosure of the applicants' names is prohibited.

2. The Commissioner's decision not to grant the applicants access to the information contained in the interview transcripts with police officers, the directive memorandum, the response to the directive memorandum and part of the investigator's report is set aside.

In substitution for that decision, the following decision is made: Applicants are granted full access to the information in the interview transcripts with police officers, the directive memorandum, the response to the directive memorandum and the investigator's report. Catchwords: Government information – Request for information concerning a complaint under Part 8A of Police Act 1990 alleging police misconduct – police required to provide information to investigation – Personal information – Whether information has already been revealed –Whether prejudice to the supply of confidential information – Whether prejudice to the effective exercise of an agency's functions – Public interest in transparency and accountability - Balancing public interest considerations Order restricting publication of the name of a person – principle of open justice – confidentiality of complainant's identity in complaint under Part 8A of Police Act 1990 Legislation Cited: Government Information (Public Access) Act 2009 (NSW) Police Act 1990 (NSW) Police Regulation 2008 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Administrative Decisions Review Act 1997 (NSW) Cases Cited: State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69 Leech v Sydney Water Corporation [2010] NSWADT 298 Richards v Commissioner, Department of Corrective Services [2011] NSWADT 98 MJ v Department of Education and Commerce [2013] NSWADT 213 TW v TX [2005] NSWADT 262 McMillan v Commissioner of Police, NSW Police Force; Brady v Commissioner of Police, NSW Police Force [2013] NSWADT 53 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Category: Principal judgment Parties: Applicants' names suppressed Commissioner of Police (Respondent) Representation: Solicitor: Sparke Helmore Lawyers (Respondent) Applicants represented in person File Number(s): 133220 Publication restriction: Disclosure of the applicants' names prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013