Sawyer v Commissioner of Police, NSW Police Force [2018] NSWCATAD 61

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sawyer v Commissioner of Police, NSW Police Force [2018] NSWCATAD 61 Hearing dates: 28 February 2018 Date of orders: 20 March 2018 Decision date: 20 March 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: 1. The decision of the respondent dated 19 May 2017 is varied as follows:

(a) Access to the preliminary report of Detective Inspector Baker and associated eagle.i description page is granted with redactions made to the information as set out in Confidential Annexure 1.

2. The respondent's decision is otherwise affirmed. Catchwords: ADMINISTRATIVE LAW – government information – whether disclosure could reasonably be expected to prejudice the effective exercise by an agency of the agency's functions by reducing honesty and candour – critical incident investigation - whether disclosure of the information could reasonably be expected to prejudice the prevention, detection or investigation of a contravention of the law – police methodology Legislation Cited: Freedom of Information Act 1989 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Battin v University of New England [2013] NSWADT 73 Commissioner of Police, NSW Police Force v Barrett [2015] NSWCATAP 68 McCausland v State of NSW [2010] NSWSC 1562 McLennan v University of New England [2013] NSWADT 113 Re Actors Equity Association of Australia and Australian Broadcasting Tribunal (No. 2) (1985) 7 ALD 584 at 590 UC v Commissioner of Police, NSW Police [2005] NSWADT 272 Category: Principal judgment Parties: Matthew Sawyer (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: AC Dunstan Lawyers (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 2017/164391 Publication restriction: Sections of these reasons which contain information subject to a non-disclosure order or would disclose information which is subject to an overriding public interest against disclosure is marked "Not for publication" and may not be disclosed to the public or the applicants.