Smolenski v Commissioner of Police [2015] NSWCATAP 235

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Smolenski v Commissioner of Police [2015] NSWCATAP 235 Hearing dates: 19 June 2015 Date of orders: 04 November 2015 Decision date: 04 November 2015 Jurisdiction: Appeal Panel Before: Acting Judge K P O'Connor, AM, Deputy President, Appeals Dr J Lucy, Senior Member Decision: 1. Appeal dismissed in relation to the Tribunal's decision affirming the respondent's decision to refuse to disclose information that remains redacted between pages 106 and 120; and at pages 124, 148, and 158, and the whole of pages 149-154. 2. Leave granted to extend the appeal to the merits of the Tribunal's decision in relation to the information that remains redacted at pages 96, 97 and 98. Registrar to convene a directions hearing before the presiding member in relation to the determination of that matter. [On 9 May 2016, the Appeal Panel made the following Order by Consent disposing of the proceedings: That the Respondent disclose the remaining information in pages IAU 96,97 and 98 by providing the Appellant with an entirely unredacted copy of pages IAU 96, 97 and 98, within seven (7) days of today.] Catchwords: GOVERNMENT INFORMATION (PUBLIC ACCESS) – Appeal – no questions of law in the appeal as formulated – application for leave to extend to other grounds – granted with respect to Tribunal's decision in relation to the information sought by the access applicant in relation to the screening of his application for employment – as a result of Tribunal decision granted access to confidential memorandum provided to agency by former employer – need to consider effect of that decision on the balancing of the considerations that favoured the continued non-disclosure of other communications – need to consider the personal factors favouring release. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Freedom of Information Act 1989 Government Information (Public Access) Act 2009 Privacy and Personal Information Protection Act 1998 Cases Cited: Department of Education and Training v GJ (GD) [2009] NSWADTAP 33 House v R [1936] HCA 40; (1936) 55 CLR 499 Simring v Commissioner of Police, NSW Police Force [2009] NSWSC 270 Victoria Police v Marke [2008] VSCA 218 Category: Principal judgment Parties: Richard Smolenski (Appellant) Commissioner of Police, NSW Police Force (Respondent) Representation: In person (Appellant) Crown Solicitor (Respondent) File Number(s): 15/14745 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2015] NSWCATAD 21 Date of Decision: 20 February 2015 Before: S Higgins, Principal Member File Number(s): 133353