Shoebridge v Commissioner of Police, NSW Police Force (No. 3) [2018] NSWCATAD 110

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shoebridge v Commissioner of Police, NSW Police Force (No. 3) [2018] NSWCATAD 110 Hearing dates: 19 December 2017, 8 February 2018 and 2 March 2018 Date of orders: 28 May 2018 Decision date: 28 May 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision of the respondent is set aside in respect of documents 1, 16, 34, 36 and 40.

(2) In substitution for that decision the respondent is to release the material in those documents identified in order (1) within 28 days of the publication of these reasons.

(3) The decision of the respondent is varied in respect of documents 23 and 39, and those documents are to be released after 28 days of the publication of these reasons in the form of the confidential annexures to the confidential reasons for decision.

(4) The decision of the respondent is affirmed in respect of documents 4, 5, 6, 7, 8, 9, 10, 33 and 35. Catchwords: ADMINISTRATIVE LAW - Government Information (Public Access) Act 2009 – Government Information – Access – Confidential information –Cabinet material – Position Minister has taken is taking will take is considering taking to Cabinet – Deliberative process – Process concluded – Weight of evidence when process concluded. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Evidence Act 1995 Freedom of Information Act 1989 Government Information (Public Access) Act 2009 Government Sector Employment Act 2013 Cases Cited: Cianfranco v Department of Commerce [2005] NSWADT 282 Commissioner of Police, NSW Police Force v Camilleri [2012] ADTAP 19 Commonwealth v Northern Land Council [1993] HCA 24 D'Adam v New South Wales Treasury [2015] NSWCATAP 61 Director General, Department of Education & Training v Mullett (GD) [2002] NSWADTAP 13 Fire Brigade Employees Union v Fire and Rescue NSW [2014] NSWCATAD 113 Flack v Commissioner of Police (NSW) [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Luxford v Department of Education and Communities [2016] NSWCATAD 118 Mannix v Department of Education and Communities [2014] NSWCATAD 35 McKay v Transport for NSW [2017] NSWCATAD 212 Murphy v Broken Hill City Council [2015] NSWCATAD 135 Robinson v Transport for NSW; Robinson v Roads and Maritime Services [2017] NSWCATAD 353 Smith v Pittwater Council [2016] NSWCATAD 67 Smolenski v Commissioner of Police [2015] NSWCATAP 235 Viva Energy Australia Ltd v Northern Sydney Local Health District [2016] NSWCATAD 75 Watts v Department of Planning and Environment [2016] NSWCATAD 42 Category: Principal judgment Parties: David Shoebridge (Applicant) Commissioner of Police, New South Wales Police Force (Respondent) Representation: Self-represented (Applicant)