Turner v Commissioner of Police, NSW Police Force [2018] NSWCATAD 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Turner v Commissioner of Police, NSW Police Force [2018] NSWCATAD 15 Hearing dates: 14 June 2017; 21 June 2017; 20 July 2017 Date of orders: 17 January 2018 Decision date: 17 January 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW – access to government information – access application – reasonableness of search – considerations in relation to section 112 of the Government Information (Public Access) Act 2009 Legislation Cited: Government Information (Public Access) Act 2009 Cases Cited: Turner v Commissioner of Police, NSW Police Force [2016] NSWCATAD 303 Category: Principal judgment Parties: Donavan Turner (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: D Turner (Applicant in person)

Solicitors: Sparke Helmore Lawyers (Respondent) File Number(s): 2015/00382970

reasons for decision 1. Mr Turner ("the Applicant") applied to the NSW Police Force ("the Respondent") under the Government Information (Public Access) Act 2009 ("the GIPA Act") for access to information that he believed to be held by the Respondent. The background to these proceedings and the details of his request ("the access application") are set out in my decision that is recorded as Turner v Commissioner of Police, NSW Police Force [2016] NSWCATAD 303 ("the earlier Decision"). 2. In the earlier Decision I affirmed part of the decision under review, but remitted three aspects of the access application to the Respondent for reconsideration. The relevant order was: "The matter is remitted for redetermination by the Respondent in relation to Annexure K to Ms Trost's statement of 12 June 2015 and paragraphs 2 and 5 of the access application." 1. The reference to "Annexure K to Ms Trost's statement of 12 June 2015" is a reference to an email from Sergeant Peter McMaugh to Ms Linda Trost in which Sergeant McMaugh referred to a draft report ("the McMaugh Report") that he had created whilst on secondment to the Corrective Services Investigation Unit. The McMaugh Report related to allegations of mistreatment that Mr Turner had made. 2. Paragraphs 2 of the access application referred to a number of event records ("the COPS Events") as follows: 2. The below Event Numbers to NSW police report(s) taken by Police confirm existence of records 2(a) The disclosure of all material and information to the below COPS Event(s) Number(s) is now requested for: 2(b) "Event E38672968" 2(c) "39998875" 2(d) "41038227" 2(e) "47010813" 2(f) "47447021" 2(g) "50309581" 2(h) "51484859" Inclusive: Copy of NSW Police statement by LSC Janet Wilkinson dated 11th February 2014. The statement verifies COPS Events Numbers submitted in the above 1. Paragraph 5 of the access application sought records relating to calls to Crime Stoppers ("the Crime Stoppers records") as follows: 5. Request disclosure of ALL records, material and information to Crime Stoppers call(s) made 2007 – 2014 made by Donovan Turner; and any disclosable material associated to reports taken by police; and any denied contact by Crime Stoppers for Police to attend Correctional Centre(s) to take reports. 1. These reasons relate to the redetermination. To the extent that Mr Turner has submitted material that is outside the scope of the matters that were remitted for redetermination, that material is not considered. 2. The redetermination was undertaken by the Respondent's A/Information Senior Advisory Officer, Ms Jennifer Evans and was completed on 17 February 2017. Ms Evans' reasons for decision outlined the approach that she took and the reasons for withholding some of the information that was located and which she considered fell within the scope of the access application. On 18 April 2017 Ms Evans made a further decision in relation to additional information which was still being searched for at the time of the February 2017 decision. At the time of the 18 April 2017 decision she had not received a response in relation to third party consultation. No objections were raised in relation to the information and on 2 May 2017 she made an addendum to the 18 April 2017 decision in which she determined to release further information.