Roberts v Commissioner of Police, NSW Police Force (No 2) [2018] NSWCATAD 233

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Roberts v Commissioner of Police, NSW Police Force (No 2) [2018] NSWCATAD 233 Hearing dates: On the papers Date of orders: 09 October 2018 Decision date: 09 October 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: The application by the applicant for costs is dismissed. Catchwords: COSTS – late release of information in GIPA proceedings – delays in filing material – no disadvantage or prejudice - no special circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: Nastav v Commissioner of Police, NSW Police Force [2018] NSWCATAD 164 Obieta v Australian College of Professionals Pty Ltd [2014] NSWCATAP 38 Category: Costs Parties: Glen Roberts (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Mitchell Lawyers (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 2016/00378376; 2017/00059886

REASONS FOR DECISION 1. This is an application for costs by the applicant in the original proceedings, Mr Glen Roberts, against the respondent, the Commissioner of Police, NSW Police Force. The original proceedings involved two applications for access to information under the Government Information (Public Access) Act 2009 (the GIPA Act). The applications by Mr Roberts sought access to information held by the Commission which related to a prosecution against him which was dismissed by the Local Court, the handling of his subsequent complaint and an application for an ex gratia payment which was refused. 2. The matters were dealt with together and had a relatively lengthy history involving two days of hearing and the provision of further written evidence and submissions following the vacation of another hearing date. I made orders on 15 June 2018 in which I noted that some further information had been released to the applicant during the course of the proceedings and otherwise affirmed the respondent's decisions in both applications.