Svanda v Commissioner of Police, NSW Police Force [2018] NSWCATAP 145

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Svanda v Commissioner of Police, NSW Police Force [2018] NSWCATAP 145 Hearing dates: 25 May 2018 Date of orders: 06 June 2018 Decision date: 06 June 2018 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President J Currie, Senior Member Decision: 1. The appeal is dismissed. Catchwords: APPEAL –– access to government information - role of Tribunal when reviewing an administratively reviewable decision – whether the Tribunal is reviewing a decision on the basis of the factual material before the administrator or on the basis of the factual material before the Tribunal – whether agency is obliged to give the Tribunal a copy of all the information to which the applicant has been given access Legislation Cited: Administrative Decisions Review Act 1997 (NSW), s 63(1)(a) Civil and Administrative Tribunal Act 2013 (NSW), s 80(2)(b) Government Information (Public Access) Act 2009 (NSW),s 100 and s 80 Category: Principal judgment Parties: Pavel Svanda (Appellant) Commissioner of Police, NSW Police Force (Respondent) Representation: S Janda (agent for Appellant) Lindsay Taylor Lawyers (Respondent) File Number(s): AP 18/15409 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2018] NSWCATAD 50 Date of Decision: 01 March 2018 Before: Dr J Lucy, Senior Member File Number(s): 2017/00337731