Commissioner of Police, NSW Police Force v Field [2016] NSWCATAP 59

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Police, NSW Police Force v Field [2016] NSWCATAP 59 Hearing dates: 27 November 2015 Date of orders: 08 March 2016 Decision date: 08 March 2016 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President P Durack SC, Senior Member Decision: 1. The appeal is upheld. 2. The decision of the Tribunal below is set aside. 3. The whole of the case is to be reconsidered by the Tribunal below constituted differently from the Tribunal at first instance. 4. Leave to appeal on grounds other than a question of law is refused. Catchwords: APPEAL - CCTV footage of incident at shopping centre – whether footage should be disclosed by providing a copy or by inspection – whether there is an overriding public interest against disclosure of the information in the way requested – procedural fairness – relevance of doctrines of freedom of political communication and restraint on publication Legislation Cited: Administrative Decisions Review Act 1997 (NSW), s 63 Civil and Administrative Tribunal Act 2013 (NSW), s 80(2) Crimes (Sentencing Procedure) Act 1999 (NSW), s 10(1)(b) Government Information Public Access Act 2009 (NSW), s 9, 72, 105 Health Records and Information Privacy Act 2002 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Australian Broadcasting Corporation v O'Neil [2016] HCA 46; 227 CLR 57 Australian Capital Television Pty Ltd v Commonwealth (ACTV) [1992] HCA 1; (1992) 104 ALR 389; (1992) 66 ALJR 214 McCloy v New South Wales [2015] HCA 34; (2015) 89 ALJR 857 New South Wales Department of Premier and Cabinet v Cianfrano [2009] NSWADTAP 15 Unions NSW v New South Wales (2013) 252 CLR 530 Texts Cited: Archibold Cox, The Court and the Constitution (1987 Boston: Houghton Mifflin) Category: Principal judgment Parties: Commissioner of Police, NSW Police Force (Appellant) Fiona Field (Respondent) Representation: Counsel: J Davidson (Appellant)