Serag v Commissioner of Police, NSW Police Force [2015] NSWCATAD 67

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Serag v Commissioner of Police, NSW Police Force [2015] NSWCATAD 67 Hearing dates: On papers Decision date: 10 April 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Lucy, Senior Member Decision: The decision made on behalf of the respondent on internal review is affirmed. Catchwords: Government information – Whether decision under review is agency's original decision or internal review decision – Scope of application - Whether information held by agency – Whether reasonable searches for information have been conducted – Whether overriding public interest against disclosure of personal information – Whether information about third party is applicant's personal information Legislation Cited: Government Information (Public Access) Act 2009 (NSW) Administrative Decisions Review Act 1997 (NSW) Cases Cited: Shepherd and the Department of Housing, Local Government and Planning (1994) 1 QAR 464 Beer v Commissioner of Police, NSW Police Force [2013] NSWADT 243 Category: Principal judgment Parties: Khalid Serag (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: K Serag (Applicant in person) Office of the General Counsel of NSW Police Force (Respondent) File Number(s): 1410458

Reasons for decision 1. On 18 September 2013, Mr Serag applied to the Commissioner of Police under the Government Information (Public Access) Act 2009 (NSW) ("GIPA Act") for access to "any document belong to him in regard to any surveillance or home detention against him without court decision and the reason for his punishment." The main issue in these proceedings is whether members of the NSW Police Force have conducted reasonable searches for that information. 2. On 23 October 2013, a person authorised by the Commissioner to determine applications under the GIPA Act wrote to Mr Serag to inform him of the determination of his application. One document was released to Mr Serag in full, another was released in part and the officer found that there were no documents held "in regard to surveillance or home detention against you". The redacted information was withheld on the basis that it was personal information, and there was found to be an overriding public interest against disclosure of that information. 3. Mr Serag applied for internal review of the decision on 14 November 2013. His application stated "I would like to ask if any document which was released to me in full or in part or any other reason can affect my freedoms or can Leading the Police to treat me different from the rest of the Australian people." 4. The internal reviewer interpreted Mr Serag's application as challenging the decision that there were no documents held by the NSW Police about him being under surveillance. The internal reviewer determined that there were no documents held by the respondent falling within the ambit of Mr Serag's application. 5. Mr Serag applied to the Information Commissioner for review on 24 February 2014, and on 5 August 2014 the Information Commissioner determined that the respondent's decision was justified. 6. Mr Serag applied to this Tribunal for review on 21 August 2014. In his application, he said that the ground for his application was "to get understanding if there is anything against me can affect my freedoms or force the police to discriminate and treat me different from the rest of Australian people". He said he believed that a report had been made against him "in the Victorian Police around Year 1997".