Johnson v Commissioner of Police, NSW Police Force [2017] NSWCATAD 291

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Johnson v Commissioner of Police, NSW Police Force [2017] NSWCATAD 291 Hearing dates: 8 June 2017 Date of orders: 28 September 2017 Decision date: 28 September 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: (1) The respondent's decision of 21 October 2016 is set aside.

(2) In substitution, the following decision is made in accordance with these reasons for decision:

(i) Copy of DNA Link Notification released in part, with name and CNI redacted as per previous release to the Applicant.

(ii) Copy of facsimile including cover page, Police report relating to DNA testing, forensic examination request form P377 (DAL forensic receipt FS113096) released in part, with two mobile phone numbers redacted as per previous release to the Applicant.

(iii) Copy of authority to Conduct controlled operation CO10/275 released in part, with redactions as per previous release to the Applicant, except for the words in inverted commas only at Annexure A, which are to be released.

(iv) Copy of Application for Authority to Conduct a Controlled Operation CO/10/275 released in part, with redactions as per previous release to the Applicant, except for the following words in inverted commas only at Annexure A, which are to be released. Catchwords: ADMINISTRATIVE LAW – government information – access application – mosaic effect - controlled operations – informants – personal information - public interest considerations Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Law Enforcement (Controlled Operations) Act 1997 Cases Cited: Attorney General's Department v Cockcroft [1986] FCA 35; (1986) 10 FCR 180 Battin v University of New England [2013] NSWADT 73 Bevege v Commissioner of Police, NSW Police Force [2014] NSWCATAD 22 Commissioner of Police, NSW Police Force v Barrett [2015] NSWCATAP 68 Dowe v Commissioner of the New South Wales Crime Commission & Anor; Pavan v Commissioner of the New South Wales Crime Commission & Anor; Gedeon v Commissioner of the New South Wales Crime Commission & Anor; Zaiter & Anor v Commissioner of the New South Wales Crime Commission & Anor [2006] NSWSC 1312 Flack v Commissioner of Police, NSW Police Force [2011] NSWADT 286 Hall v Department of Premier and Cabinet (NSW) [2012] NSWADT 46 Johnson v Commissioner of Police, NSW Police Force [2017] NSWCATAD 59 Leech v Sydney Water Corporation [2010] NSWADT 198 Mannix v Department of Education and Communities [2014] NSWCATAD 35 Neary v Commissioner of Police, NSW Police Force [2017] NSWCATAD 142 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 Saleam v Commissioner of Police, New South Wales Police Service [2002] NSWADT 40 Category: Principal judgment Parties: Luke Johnson (Applicant) Commissioner for Police, NSW Police Force (Respondent) Representation: Solicitors: Armstrong Legal (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2016/00378516 Publication restriction: Section 64 (1) (d) of the Civil and Administrative Tribunal Act applies to those paragraphs of these reasons identified as paragraphs 53-57 inclusive 'not for publication'. Those paragraphs are not to be released to either the Applicant or the public.