Gilleland v Commissioner of Police, NSW Police Force [2018] NSWCATAD 68

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gilleland v Commissioner of Police, NSW Police Force [2018] NSWCATAD 68 Hearing dates: On the Papers Date of orders: 27 March 2018 Decision date: 27 March 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member Decision: 1. The decision of the respondent to refuse to provide the applicant with access to the requested government information in the form requested by the applicant is affirmed. Catchwords: ADMINISTRATIVE REVIEW – government information - applicant sought access to a copy of a video recording of an incident involving the applicant and a member of her family – a copy of the video recording was provided to the respondent at the time police attended the home of the applicant following the incident – applicant granted access by viewing the video at the offices of the respondent – respondent refused to provide a copy of the video as requested by the applicant - whether there was an overriding public interest against disclosure of the video in the form requested by the applicant Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Privacy and Personal Information Protection Act 1998 Cases Cited: Attorney General's Department v Cockcroft [1986] FCA 35; (1986) 10 FCR 180 Commissioner of Police (NSW) v Field [2016] NSWCATAP 59 Flack v Commissioner of Police, New South Police [2011] NSWADT 286 Hall v Department of Premier and Cabinet (NSW) [2012] NSWADT 46 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Leech v Sydney Water Corporation [2010] NSWADT 198 Neary v State Rail Authority [1999] NSWADT 107 Category: Principal judgment Parties: Shani Gilleland (Applicant) Commissioner of Police, NSW Police (Respondent) Representation: Counsel: L Teoh (Applicant)