Rapisarda v Commissioner of Police, NSW Police Force; Housego v Commissioner of Police, NSW Police Force; Sheehy v Commissioner of Police, NSW Police Force; McDonald v Commissioner of Police, NSW Police Force [2018] NSWCATAD 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rapisarda v Commissioner of Police, NSW Police Force; Housego v Commissioner of Police, NSW Police Force; Sheehy v Commissioner of Police, NSW Police Force; McDonald v Commissioner of Police, NSW Police Force [2018] NSWCATAD 34 Hearing dates: 14 December 2017 Date of orders: 08 February 2018 Decision date: 08 February 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: DAC Robertson, Senior Member Dr M Murray, General Member Decision: 1 Application for non-publication orders dismissed. 2 Subject to further order, these reasons for decision are not to be released to the public until 7 days after they have been provided to the parties. Catchwords: PROCEDURE – Miscellaneous procedure matters – s 64 Civil and Administrative Tribunal Act – non-publication order in respect of documents relating to Police internal investigations – grounds for non-publication – whether disclosure not in the public interest –maintaining integrity of police investigations – whether real risk if non-publication order refused – relevance of other proceedings under Government Information (Public Access) Act in relation to classes of documents including documents in question Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW) s 75 Civil and Administrative Tribunal Act 2013 (NSW) s 49, s 64 Civil and Administrative Tribunal Rules 2014 (NSW) Government Information (Public Access) Act 2009 (NSW) Police Act 1990 (NSW) s170 Cases Cited: Applicants v Commissioner of Police [2015] NSWCATAD 22 Brennan v State of New South Wales [2006] NSWSC 167 Brennan v State of New South Wales [2006] NSWSC 275 CCB v Department of Education and Communities [2015] NSWCATAD 145 Commissioner of Police, New South Wales v Nationwide News Pty Ltd (2007) 70 NSWLR 643 CVV v United Resource Management Pty Ltd [2016] NSWCATAD 271 CYL v YZA [2007] NSWCATAP 105 Da Silva v R (No 2) [2012] NSWCCA 106 Diri v Board of Studies Teaching and Education Standards [2014] NSWCATAD 222 Mao v The Cth [2012] NSWSC 370 McCausland v State of New South Wales [2010] NSWSC 1562 R v Mentuck (2001) 3 SCR 442 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69 Category: Procedural and other rulings Parties: Proceedings 2017/100954; Steven Rapisarda (Applicant) Commissioner of Police, NSW Police Service (Respondent)