NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Turner v Commissioner of Police, NSW Police Force [2017] NSWCATAD 177 Hearing dates: 12,13 September 2016, 28 and 30 November 2016 Date of orders: 08 June 2017 Decision date: 08 June 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: R Perrignon, Senior Member Decision: 1) The respondent's decision of 30 June 2015 in respect of access application 130755 is affirmed.
2) The respondent's decision of 24 August 2015 to decline to deal with the request, in access application no 131400, for access to the DVD of an ERISP conducted on 30 May 2008 is set aside and replaced with a decision to grant access to a DVD containing the complete audio and visual signal of the interview, or digitally encoded data capable of producing that signal.
3) The respondent's decisions of 24 August 2015 to decline to deal with the requests, in access application no 131400, for access to the following information are set aside and remitted to the respondent for further consideration: a) Search warrant authorising arrest on 30 May 2008. b) Crime scene warrant authorising investigations conducted on 30 May 2008.
4) The respondent's decisions of 24 August 2015 to refuse access to the following information, requested by the applicant in access application no 131400, are set aside and remitted to the respondent for further consideration: a) "Any additional ERISP(s) (DVD) 2008-2009 period". b) Arrest warrant authorising his arrest on 30 May 2008. c) "Any other arrest/search warrants after date 30/05/2008".
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