Neary v Commissioner of Police, NSW Police force [2017] NSWCATAD 142

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Neary v Commissioner of Police, NSW Police force [2017] NSWCATAD 142 Hearing dates: 4 August 2016, 31 August 2016, 7 October 2016 Date of orders: 03 May 2017 Decision date: 03 May 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: R Perrignon, Senior Member Decision: 1. The correct and preferable decision in respect of the access application made on 21 August 2013 was as follows: (1) To release the application for authority to conduct controlled operation 11/22 subject to the redactions made in accordance with the respondent's supplementary decision dated 24 July 2015. (2) To release in full the authority dated 10 February 2011 to conduct controlled operation 11/22. (3) To release the costs records for controlled operation 11/22 subject to the redactions made in accordance with the respondent's supplementary decision dated 24 July 2015.

2. The decision made on 6 March 2014 is accordingly set aside and replaced with a decision to release the above documents subject to the redactions referred to above. Catchwords: ADMINISTRATIVE LAW – application for access to documents concerning a controlled operation conducted by police under the Law Enforcement (Controlled Operations) Act 1997 – whether public interest against disclosure outweighs public interest in favour of disclosure Legislation Cited: Administrative Decisions Review Act 1997 Government Information (Public Access) Act 2009 Law Enforcement (Controlled Operations) Act 1997 Cases Cited: Commissioner of Police, NSW Police Force v Barrett (No 2) [2016] NSWCATAP 86 Salmon v Corrective Services NSW [2016] NSWCATAD 257 Category: Principal judgment Parties: Craig Neary Commissioner of Police, NSW Police Representation: Solicitors: C Neary (Applicant in person) Lindsay Taylor Lawyers (Respondent) File Number(s): 2015/383108, 1510206 Publication restriction: 1) The disclosure, publication or broadcast of paragraphs 56, 57, 61 and 62 of the reasons for decision is prohibited, except to the Respondent. 2) The disclosure, publication or broadcast of any oral or written evidence or submissions lodged with, or given to, the Tribunal in confidence is prohibited, except to the Respondent.