Commissioner of Police, NSW Police Force v Barrett [2015] NSWCATAP 68

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Police, NSW Police Force v Barrett [2015] NSWCATAP 68 Hearing dates: 30 October 2014 Date of orders: 21 April 2015 Decision date: 21 April 2015 Jurisdiction: Appeal Panel Before: Acting Judge K P O'Connor, AM, Deputy President, Appeals P Molony, Senior Member Decision: 1.Appeal allowed 2.Orders of the Tribunal set aside. 3.Directions hearing to be fixed by the Registrar before the Appeal Panel to decide whether the Appeal Panel should proceed to dispose of the matter or remit for reconsideration. Catchwords: GOVERNMENT INFORMATION (PUBLIC ACCESS) – access application – substantially refused on various statutory grounds – review by Tribunal – agency decisions set aside as to part, remitted as to remainder – Appeal by agency – whether power to substitute a new decision after review application filed – decisions to refuse to confirm or deny existence of documents (s 58(1)(f)) - whether agency obliged to give reasons for such a refusal – approach to review of such decisions –review of refusal decisions (s 58(1)(d)) – appeal allowed. Government Information (Public Access) Act 2009, s 58 (1)(b); s 58(1)(d); s 58(1)(f). Legislation Cited: Administrative Decisions Tribunal Act 1997 Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Freedom of Information Act 1989 Government Information (Public Access) Act 2009 Cases Cited: 3FG6LI and Queensland Police Service [2014] QICmr 32 Assadourian v Roads and Maritime Services (GD) [2013] NSWADTAP 46 Australian Broadcasting Corporation and Psychologists Board of Australia [2012] QICmr Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Commissioner of Police NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Ekermawi v Commissioner of Police, NSW Police Service & Premier, NSW [2001] NSWADT 27 EST and Department of Family Services and Aboriginal and Islander Affairs [1995] QICmr 20; (1995) 2 QAR 645 Fisher v NSW Police [2002] NSWADT 267 Goodrich Aerospace Pty Ltd v Arsic [2006] NSWCA 187; (2006) 66 NSWLR 186 Keith v Gal [2013] NSWCA 339 Public Service Board v Osmond (1986) 159 CLR 656. Saleam v Commissioner of Police, New South Wales Police Service [2002] NSWADT 40 Secretary, Dept of Health and Ageing v iNova Pharmaceuticals (Australia) [2010] FCA 1442 Category: Principal judgment Parties: Commissioner of Police, NSW Police Force (Appellant) John Barrett (First Respondent) Lara Barrett (Second Respondent) Representation: Solicitor: K Mattes (Appellant) File Number(s): AP 14/46349 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: Barrett v Commissioner of Police, NSW Police Force [2014] NSWCATAD 31; Barrett v Commissioner of Police, NSW Police Force [2014] NSWCATAD 32 Date of Decision: 24 March 2014 Before: Naida Isenberg, Senior Member File Number(s): 123193; 123194