Tedder v Commissioner of Police, NSW Police Force [2017] NSWCATAD 226

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tedder v Commissioner of Police, NSW Police Force [2017] NSWCATAD 226 Hearing dates: 5 May 2017 Date of orders: 19 July 2017 Decision date: 19 July 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: 1. The reviewable decision in relation to the CD containing the 3D animated reconstruction is set aside. 2 The CD containing the 3D animated reconstruction should be released to the Applicant. Catchwords: ADMINISTRATIVE LAW – Government information – access to information – form of access - whether overriding public interest against disclosure – relevant considerations - personal information - nature of information sought – public interest - whether release would prejudice the effective exercise of an agency's functions – whether release would prejudice an investigation - investigation finalised – balancing exercise Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: Attorney General's Department v Cockcroft [1986] FCA 35; (1986) 10 FCR 180 Battin v University of New England [2013] NSWADT 73 Cousins v Ambulance Service (NSW) [2014] NSWCATAD 48 Flack v Commissioner of Police, NSW Police Force [2011] NSWADT 286 Hall v Department of Premier and Cabinet (NSW) [2012] NSWADT 46 Leech v Sydney Water Corporation [2010] NSWADT 198 Neary v State Rail Authority [1999] NSWADT 107 Public Service Assn v Premier's Department [2002] NSWADT 277 Roy v Commissioner of Police, NSW Police Force [2012] NSWADT 120 Category: Principal judgment Parties: Stephen Owen Tedder (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: In person (applicant) Solicitors: Crown Solicitor's Office (Respondent) File Number(s): 2015/00383217, 1510319