Snelling v Commissioner of Police, NSW Police [2017] NSWCATAD 147

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Snelling v Commissioner of Police, NSW Police [2017] NSWCATAD 147 Hearing dates: 23 February 2017 Date of orders: 10 May 2017 Decision date: 10 May 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: The decisions under review are affirmed Catchwords: Government information- access – Cabinet Information – reasonable grounds – dominant purpose Legislation Cited: Evidence Act 1995 Government Information (Public Access) Act 2009 Cases Cited: Bennison v Department of Premier and Cabinet [2016] NSWCATAD 101 D'Adam v New South Wales Treasury [2014] NSWCATAD 68 D'Adam v New South Wales Treasury [2015] NSWCATAP 61 Category: Principal judgment Parties: Peter Snelling (Applicant) Commissioner of Police, NSW Police Force (1st Respondent) Premier of NSW (2nd Respondent) Representation: Solicitors: Crown Solicitors Office (Respondents) File Number(s): 2016/00378270, 1610507

Reasons for Decision

Background 1. This is an application by Mr Peter Snelling, Secretary and Public Officer of the St George Hunters & Anglers Association Inc, for review of the decision of the Commissioner of Police, NSW Police Force ("the First Respondent"), made pursuant to s9(3) of the Government Information (Public Access) Act 2009 ("the GIPA Act"). 2. The Applicant sought access to information in the following terms: A review of the NSW Police Firearms Registry was conducted for the NSW Government by Deloitte Australia and concluded… in November 2013. I would like access to this review which, as indicated by members of the NSW Government, would be made publicly available and it seems will now not be released. 1. On 22 December 2016, the First Respondent determined to refuse access to the 79 page report dated 9 December 2013 generated by Deloitte as a result of its review of the NSW Firearms Registry ("the Deloitte Report"), on the basis that it was Cabinet Information, having regard to cl 2(1)(b) and (c) of Schedule 1 to the GIPA Act. 2. On 9 February 2017 the Premier of New South Wales was joined as a party to the proceedings, as the Second Respondent. 3. In February 2017, the Respondents identified an additional document, being a Review Report by Deloitte numbering 31 pages, also produced by Deloitte as a result of its review of the NSW Firearms Registry ("the Review Report"). 4. On 22 February 2017, pursuant to s58(3) of the GIPA Act, the First Respondent determined that access to the Review Report should be refused, on the basis that it was Cabinet Information having regard to cl 2(1)(b) and (c) of Schedule 1 to the GIPA Act. 5. The Respondents relied on: 1. an open affidavit of Cath Mackson dated 9 February 2017, 2. a confidential affidavit of Cath Mackson dated 22 February 2017, 3. Submissions dated 10 February 2017 4. Further open submissions dated 22 February 2017 5. Further confidential submissions dated 22 February 2017. 1. The Applicant relied on a folder of material filed on 23 January 2017 which included: 1. Submissions dated 19 January 2017; 2. Evidence in the form of exhibits to the submissions. 1. The Applicant cross-examined Ms Mackson and both parties made oral submissions at hearing on 23 February 2017.