Commissioner of Police, NSW Police Force v Barrett (No 2) [2016] NSWCATAP 86

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Police, NSW Police Force v Barrett (No 2) [2016] NSWCATAP 86 Hearing dates: 4 August 2015, 26 October 2015 Date of orders: 13 April 2016 Decision date: 13 April 2016 Jurisdiction: Appeal Panel Before: O'Connor ADCJ, Deputy President, Appeals P Molony, Senior Member Decision: Decision following Rehearing: The following are the final orders of the Tribunal in this matter. (1) Affirm agency's determination in relation to items 1 to 5, and item 7 of the review applicants' access applications. (2) Affirm agency's determination in relation to item 6 of the first review applicant's access application (John). (3) Set aside agency's determination in relation to item 6 of the second review applicant's access application (Lara). This matter is remitted, pursuant to s 63(3)(d) of the Administrative Decisions Review Act 1997 to the Commissioner for reconsideration and redetermination within 42 days of the date of this decision. Catchwords: GOVERNMENT INFORMATION (PUBLIC ACCESS) – Rehearing – Review of agency determinations refusing information – Whether effect on audit functions of agency gave rise to an overriding public interest consideration against disclosure of certain information requested – Whether decision justified that certain information requested was not held – Whether decision justified to refuse to confirm or deny that certain information requested is held by the agency because of an overriding public interest against confirming or denying that fact – Agency decision as to the set aside, and review application remitted for reconsideration in that regard. Government Information (Public Access) Act 2013, ss 12-15; s 58(1)(b), s 58(1)(d), s 58(1)(f). Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2013 Cases Cited: Flack v Commissioner of Police [2011] NSWADT 286 Neary v State Rail Authority [1999] NSWADT 107, Commissioner of Police, NSW Police Force v Camilleri [2012] NSWADTAP 19 Searle Australia Pty Ltd v Pubic Interest Advocacy Centre (1992) 108 ALR 163. Category: Principal judgment Parties: Commissioner of Police, NSW Police Force (Appellant) John Barrett (First Respondent) Lisa Hogan (Second Respondent) Representation: Solicitor: K Mattes (Appellant) No appearance (First Respondent) In person (Second Respondent) 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