Roberts v Commissioner of Police, NSW Police Force [2018] NSWCATAD 127

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Roberts v Commissioner of Police, NSW Police Force [2018] NSWCATAD 127 Hearing dates: 3 and 4 August 2017 Date of orders: 15 June 2018 Decision date: 15 June 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: 1. The Tribunal notes that in respect of both applications further information was released to the applicant during the hearing. 2. The decisions of the respondent in both applications are otherwise affirmed. Catchwords: ADMINISTRATIVE LAW – government information – whether respondent holds other information – jurisdiction to consider whether there have been adequate searches – legal professional privilege – whether privilege lost – excluded information – secondary reproductions of excluded information also excluded information Legislation Cited: Crimes Act 1900 (NSW) Director of Public Prosecutions Act 1986 (NSW) Evidence Act 1995 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Amos v Central Coast Council [2018] NSWCATAD 101 AWB Ltd v Cole (No 5) [2006] FCA 1234; (2006) ALR 651 Camilleri v Commissioner of Police (NSW) [2012] NSWADT 5 DF v Attorney General's Department [2002] NSWADT 164 Fenwick v Wambo Coal Pty Ltd (No 2) [2011] NSWSC 353 Idoport Pty Ltd v National Australia Bank [2001] NSWSC 222 Kang v Kwan [2001] NSWSC 698 Kreutzer v University of Sydney [2015] NSWCATAD 270 McClymont v Department of Family and Community Services [2017] NSWCATAD 202 Miller v Director of Public Prosecutions [2012] NSWADT 38 Miriani v Commissioner of Police (NSW) [2005] NSWADT 187 Mizzi v Commissioner of Police (NSW) [2013] NSWADT 150 Robinson v Commissioner of Police [2014] NSWCATAP 73 Saggers v Attorney General's Department [2005] NSWADT 193 Saggers v Environment Protection Authority [2013] NSWADT 109 Shepherd and Department of Housing, Local Government and Planning (1994) 1 QAR 464 Tebbutt v Minister for Lands and Water [2015] NSWCATAD 95 Van Der Lee v New South Wales [2002] NSWCA 286 Watson v NSW Trustee and Guardian (No 2) [2016] NSWCATAD 19 Zemanek v Commonwealth Bank of Australia [1997] FCA 1016 Category: Principal judgment Parties: Glen Roberts (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: B Eurell (Applicant)