Allchin v Police Integrity Commission [2017] NSWCATAD 219

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Allchin v Police Integrity Commission [2017] NSWCATAD 219 Hearing dates: 3 July 2017 Date of orders: 06 July 2017 Decision date: 06 July 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: The decision under review is affirmed. Catchwords: GOVERNMENT INFORMATION – access application – adequacy of search – excluded information Legislation Cited: Government Information (Public Access) Act 2009 Police Act 1990 Civil and Administrative Tribunal Act 2013 Police Integrity Commission Act 1996 Cases Cited: Shepherd and Department of Housing, Local Government and Planning (1994) 1 QAR 464 Category: Principal judgment Parties: Craig Allchin (Applicant) Police Integrity Commission (Respondent) Representation: Solicitors: C Allchin (Applicant in person) D Huen (Respondent) File Number(s): 2016/378409 Publication restriction: Section 64 of the Civil and Administrative Tribunal Act 2013 applies to the material filed by the Respondent on a confidential basis, to the evidence given in private before the Tribunal and to the record of that part of the proceedings conducted in private pursuant to s 49. That material is not to be released to either the applicant or to the public.

REASONS FOR DECISION 1. Mr Craig Allchin is a former police officer who understands he was the subject of an investigation by the Integrity Testing Unit within the NSW Police Force in about November 2003. The investigation was known as "Operation 82". He made an application to the Police Integrity Commission ("the Commission") under the Government Information (Public Access) Act 2009 ("the GIPA Act") for access to all information held by it in relation to that investigation. 2. The Commission refused Mr Allchin's application on the basis that his application was invalid because he had requested "excluded information". That decision was affirmed on internal review and he has now sought review of the decision by the Tribunal.