Sheehy v Commissioner of Police; Rapisarda v Commissioner of Police; McDonald v Commissioner of Police; Housego v Commissioner of Police [2018] NSWCATAD 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sheehy v Commissioner of Police; Rapisarda v Commissioner of Police; McDonald v Commissioner of Police; Housego v Commissioner of Police [2018] NSWCATAD 73 Hearing dates: 20 September, 21 September and 13 November 2017 Date of orders: 29 March 2018 Decision date: 29 March 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: R C Titterton, Principal Member Decision: 1. In proceedings 2016/00378368:

(a) the internal review decision of the respondent of 12 August 2016 is affirmed; and

(b) the internal review decision of the respondent of 17 August 2016 is affirmed.

2. In proceedings 2016/00378369, the internal review decision of the respondent of 18 August 2016 is affirmed.

3. In proceedings 2016/00378371, the internal review decision of the respondent of 17 August 2016 is affirmed.

4. In proceedings 2016/00378372, the internal review decision of the respondent of 16 August 2016 is affirmed.

5. The respondent is to file and serve submissions on costs on or before 16 April 2018

6. The applicants are to respond on or before 1 May 2018. Catchwords: ADMINISTRATIVE LAW – public access to government information –Request for information concerning a complaint under Part 8A of Police Act 1990 alleging police misconduct – police required to provide information to investigation – Personal information – whether prejudice to the effective exercise of an agency's functions – public interest in transparency and accountability - balancing public interest considerations – confidentiality of complainant's identity under Part 8A of Police Act 1990 Legislation Cited: Administrative Decisions Review Act 1997 Government Information (Public Access) Act 2009 Police Act 1900 Cases Cited: Amos v Western NSW Local Health District [2017] NSWCATAD 176 Applicants v Commissioner of Police [2015] NSWCATAD 22 Beesly v Commissioner of Police, New South Wales Police Service [2002] NSWADT 52 Black v Hunter-New England Health District [2011] NSWADT 295 Crewdson v Central Sydney Area Health Service [2002] NSWCA 354 Leech v Sydney Water Corporation [2010] NSWADT 298 Raven v University of Sydney [2015] NSWCATAD 104 Shepherd and Department of Housing, Local Government and Planning (1994) 1 QAR 464 Turner v Commissioner of Police, NSW Police Force [2016] NSWCATAD 303 Turner v Commissioner of Police, NSW Police Force [2017] NSWCATAD 183 Turner v NSW Health Pathology, Forensic & Analytical Science Service [2017] NSWCATAD 114 Category: Principal judgment Parties: Applicants: