Dezfouli v Justice Health & Forensic Mental Health Network [2018] NSWCATAD 11

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dezfouli v Justice Health & Forensic Mental Health Network [2018] NSWCATAD 11 Hearing dates: 06 November 2017 Date of orders: 15 January 2018 Decision date: 15 January 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: (1) The decision of the respondent to refuse access to the admiralty rating contained in the Australian Federal Police Information Report registered 23 December 2015 is set aside.

(2) The respondent is to release to the applicant the redacted admiralty rating.

(3) The decision under review is otherwise affirmed. Catchwords: GOVERNMENT INFORMATION – access application – whether public interest considerations against disclosure outweigh public interest considerations in favour of disclosure – redaction of officers names – whether risk of harm or serious harassment or serious intimidation if disclosed – admiralty rating in intelligence report – whether disclosure would prejudice effective exercise of agency's functions – whether information is exempt matter under Commonwealth FOI Act.

PRACTICE AND PROCEDURE – makers of statements not available for cross-examination – whether statements allowed in evidence – proposed cross-examination not go to the contents of the statements. Legislation Cited: Government Information (Public Access) Act 2009 Freedom of Information Act 1982 (Cth) Cases Cited: CJO v NSW Police Force [2016] NSWCATAD 262 Searle Australia Pty Ltd v Public Interest Advocacy Centre and Another (1992) 108 ALR 163 AEZ v Commissioner of Police, NSW Police Force [2013] NSWADT 90 PE v MU [2010] NSWDC 2 Smolenski v Commissioner of Police, NSW Police [2015] NSWCATAD 21 Category: Principal judgment Parties: Saeed S Dezfouli (Applicant) Justice Health & Forensic Mental Health Network (Respondent) Representation: In Person (Applicant) Legal Advisers, Justice Health & Forensic Mental Health Network (Respondent) File Number(s): 2017/00143173