Sherman v Commissioner of Police, NSW Police Force [2016] NSWCATAD 107

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sherman v Commissioner of Police, NSW Police Force [2016] NSWCATAD 107 Hearing dates: On the papers Date of orders: 01 June 2016 Decision date: 01 June 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Renwick SC, Senior Member Decision: The decision of the respondent dated 25 February 2015 to refuse access is affirmed. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL- Government Information (Public Access) Act – Applicant seeks statement from third party given to police alleging Applicant committed sexual assault – Applicant arrested but never charged - sexual assault complainant's statement to Police involves supply of confidential information that facilitates the effective exercise of Police functions– of the information sought - statement not released Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Court Suppression and Non-Publication Orders Act 2010 (NSW) Criminal Procedure Act 1986 (NSW) Freedom of Information Act 1982 (Cth) Government Information (Public Access) Act 2009 (NSW) Police Act 1990 (NSW) Cases Cited: Attorney-General's Department v Cockcroft [1986] FCA 35 Director-General, Department of Education of Training v Mullett [2002] NSWADTAP 13 Flack v Commissioner of Police NSW [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Leech v Sydney Water Corporation [2010] NSWADT 298 Martin v Commissioner of Police [2005] NSWADT 23 McMahon v Director-General, Department of Fair Trading [2003] NSWADT 164 R v LK [2010] HCA 17 Simring v Commissioner of Police [2009] NSWSC 270 Vella v Commissioner of Police [2009] NSWADT 68 Category: Principal judgment Parties: Russell Sherman (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Russell Sherman (Applicant in person) Office of the General Counsel, NSW Police Force (Respondent) File Number(s): 1510441