Summersford v Commissioner of Police [2018] NSWCA 115

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Summersford v Commissioner of Police [2018] NSWCA 115 Hearing dates: 13 March 2018 Date of orders: 29 May 2018 Decision date: 29 May 2018 Before: McColl JA at [1]; Basten JA at [2]; Payne JA at [3] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. (3) No order as to costs, with the intention that each party pay his own costs of the appeal. Catchwords: ADMINISTRATIVE LAW – Police Act 1990 (NSW) Part 8A – obligation to accord procedural fairness to police officer the subject of an anonymous complaint under Part 8A – Police Act 1990 (NSW) s 173 – decision to take non-reviewable action against a police officer – content of procedural fairness where non-reviewable action taken – Police Act 1990 (NSW) s 169A – meaning of "complainant" – Police Regulation 2008 (NSW) cl 53 – Police Regulation 2015 (NSW) cl 54 – obligation of non-disclosure of the identity of complainants – whether procedural fairness required disclosure of the identity of complainants and investigation reports in the circumstances of the case

COSTS – Uniform Civil Procedure Rules r 42.1 – where there has been a mixed result in proceedings Legislation Cited: Anti-Discrimination Act 1977 (NSW) s 22A Civil Procedure Act 2005 (NSW) s 98 Government Information (Public Access) Act 2009 (NSW) Interpretation Act 1987 (NSW) s 43 Police Act 1990 (NSW) ss 122, 139, 141, 143, 150, 152, 169A, 173, 174, 201, 219 Police Service Amendment (Complaints and Management Reform) Act 1988 (NSW)