Denyer v Commissioner of Police, NSW Police Force [2018] NSWCATAD 160

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Denyer v Commissioner of Police, NSW Police Force [2018] NSWCATAD 160 Hearing dates: 1 May 2018 Date of orders: 27 July 2018 Decision date: 27 July 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 Points 2 and 3 as referred to on pages 2 and 3 of the decision.

(2) In substitution for that decision the respondent is to release the information as particularised at paragraphs [22] - [31] (inclusive) of the Confidential Reasons for Decision.

(3) In addition to Order 2 the remainder of the information for which the decision relied on Sch 1 Clause 7 (c ) is released to the applicant.

(4) The remainder of the decision is affirmed. Catchwords: ADMINISTRATIVE LAW – Government Information (Public Access) Act - personal information – weight of information already revealed – whether information known to applicant can still be revealed – access to information about an individual by the individual- whether in those circumstances such information could still prejudice an agency's functions – whether dormant information constitutes a record Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Police Act 1990 Security Industry Act (1997) Victims Rights and Support Act 2013 Cases Cited: Commissioner of Police, NSW Police Force v Barrett (No 2) [2016] NSWCATAP 86 Mannix v Department of Education and Communities [2014] NSWCATAD 35 Mino v Legal Aid NSW [2015] NSWCATAD 245 Texts Cited: Confidential Information and Police (NSW Ombudsman, 1995 Report to Parliament). Improper Access to and use of Confidential Information by Police (NSW Ombudsman, 1994 Report to Parliament) Category: Principal judgment Parties: Adam Denyer (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Armstrong Legal (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 2017/00350953 Publication restriction: Pursuant to s64 of the Civil and Administrative Tribunal Act 2013 and 107 of the Government Information (Public Access) Act 2009, publication and disclosure of paragraphs 19 – 30 to any person other than the respondent is prohibited.