Commissioner of Police v Danis [2017] NSWCATAP 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Police v Danis [2017] NSWCATAP 7 Hearing dates: 8 November 2016 Date of orders: 10 January 2017 Decision date: 10 January 2017 Jurisdiction: Appeal Panel Before: K O'Connor, AM, ADCJ, Deputy President, Appeals J McAteer, Senior Member Decision: 1. The appeal is allowed. 2. The Tribunal's orders are set aside. 3. The application for review is remitted to the Tribunal at first instance, differently constituted, for redetermination. Catchwords: GOVERNMENT INFORMATION (PUBLIC ACCESS) – Agency refusal to deal with access application – Set aside by Tribunal – Appeal – Interpretation of agency discretion to refuse to deal with access application – Whether Tribunal's further order requiring agency to disclose within scope of proceedings. Government Information (Public Access) Act 2009, ss 58, 60(1)(d); Administrative Decisions Review Act 1997, s 65. Legislation Cited: Administrative Decisions Review Act 1997 Government Information (Public Access) Act 2009 Cases Cited: Coulton v Holcombe [1986] HCA 33; (1986) 162 CLR 1 House v R [1936] HCA 40; (1936) 55 CLR 499 Category: Principal judgment Parties: Commissioner of Police, NSW Police Force (Appellant) Emil Danis (Respondent) Representation: Counsel: P Ginters (Appellant) Solicitors: Sparke Helmore Lawyers (Appellant) Emil Danis (Respondent in person) File Number(s): AP 16/39456 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: Danis v NSW Police Force (Ex tempore) Date of Decision: 12 July 2016 Before: S Montgomery, Senior Member File Number(s): 1510727