Svanda v Commissioner of Police, NSW Police Force [2018] NSWCATAD 50

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Svanda v Commissioner of Police, NSW Police Force [2018] NSWCATAD 50 Hearing dates: On the papers Date of orders: 01 March 2018 Decision date: 01 March 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: The respondent's decision is affirmed. Catchwords: ADMINISTRATIVE LAW – Government information – Application for review of implicit decision that respondent does not hold any information apart from that identified by the respondent – Whether the respondent holds further information – Where applicant conceded that respondent conducted reasonable searches for the information sought Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: McClymont v Department of Family and Community Services [2017] NSWCATAD 202 Robinson v Transport for NSW; Robinson v Roads and Maritime Services [2017] NSWCATAD 353 Category: Principal judgment Parties: Pavel Svanda (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: S Janda (Applicant Agent) Lindsay Taylor Lawyers (Respondent) File Number(s): 2017/00337731

REASONS FOR DECISION 1. This was an application for review of an implicit decision that an agency did not hold any information responsive to an access application, other than that provided to the applicant. 2. The applicant conceded that the agency had made reasonable searches for the information sought and did not give the Tribunal any reason to consider that the agency holds any responsive information not provided to him. 3. In these circumstances, I have decided to affirm the agency's decision.