Turner v Commissioner of Police, NSW Police Force [2017] NSWCATAD 183

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Turner v Commissioner of Police, NSW Police Force [2017] NSWCATAD 183 Hearing dates: 14 September, 1 December 2016, 6 April 2017 Date of orders: 13 June 2017 Decision date: 13 June 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: L Pearson, Principal Member Decision: (1) The determination of the respondent as notified in the notice of delayed decision dated 9 November 2016 in relation to the request for access to information in items 10, 13, 14, 16, 17, 18, 15(i), 20, 21, 22 and 23 is affirmed. (2) The determination of the respondent to provide access to the notebook entry by Constable Bridge dated 18 June 2008 in the form provided to the applicant on 19 April 2017 is affirmed. (3) The determination of the respondent as notified in the notice of delayed decision dated 9 November 2016 in relation to the request for access to information in items 1, 2, 3, 4, 5, 6, 7, 8, 9 and 11 is set aside and remitted to the respondent for reconsideration in accordance with these reasons, such reconsideration to be completed within 45 days of the publication of these reasons. (4) The respondent is directed to conduct additional searches and provide the following to the applicant and the Tribunal within 21 days: (a) access to any documents or information resulting from those searches which have not already been provided to the applicant; (b) a statement from each person who conducts any of those searches identifying: what searches are conducted, where and how those searches are conducted, and what information or documents, if any, resulted from those searches. (5) The matter is listed for directions on 2 August 2017 at 10.00am. Catchwords: ADMINISTRATIVE REVIEW – Government Information – Reasonableness of searches – Access to personal information – Public interest considerations in favour of disclosure – Public interest considerations against disclosure Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Flack v Commissioner of Police [2011] NSWADT 286 Public Service Association and Professional Officers Association, Amalgamated Union of NSW v Director General, Premier's Department [2002] NSWADT 277 Robinson v Commissioner of Police [2014] NSWCATAP 73 Shepherd and Department of Housing, Local Government and Planning (1994) 1 QAR 464 Turner v Commissioner of Police, NSW Police Force [2016] NSWCATAD 303 Turner v NSW Health Pathology, Forensic & Analytical Science Service [2017] NSWCATAD 114 Turner v R [2015] NSWCCA 322 Category: Principal judgment Parties: Donovan Turner (Applicant) Commissioner of Police, NSW Police (Respondent) Representation: D Turner (Applicant in person) Sparke Helmore Lawyers (Respondent) File Number(s): 2016/00377836, 1610045