Sheehy v NSW Police Force; Rapisarda v NSW Police Force; Housego v NSW Police Force [2018] NSWCATAP 307

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sheehy v NSW Police Force; Rapisarda v NSW Police Force; Housego v NSW Police Force [2018] NSWCATAP 307 Hearing dates: 17 August 2018 Date of orders: 18 December 2018 Decision date: 18 December 2018 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President Dr R Dubler SC, Senior Member Decision: 1. The Commissioner of Police, NSW Police Force is removed as a party to each of the proceedings. 2. The NSW Police Force is joined as a respondent to each of the proceedings. 3. The appeal from the Tribunal's decision in proceedings 2016/00378368 is dismissed. 4. The appeal from the Tribunal's decision in proceedings 2016/00378369 is dismissed. 5. The appeal from the Tribunal's decision in proceedings 2016/00378372 is dismissed. 6. The appeal from the Tribunal's decision in proceedings 2016/00378368, that Christopher Sheehy is to pay the respondent's costs in the sum of $2,500 is dismissed. 7. The appeal from the Tribunal's decision in proceedings 2016/00378369, that Steven Rapisarda is to pay the respondent's costs in the sum of $2,500 is dismissed. 8. The appeal from the Tribunal's decision in proceedings 2016/00378372, that Shane Housego is to pay the respondent's costs in the sum of $2,500 is dismissed. Catchwords: ADMINISTRATIVE LAW – appeal from decision under Government information (Public Access) Act 2009 – appeal from decision that police officers pay part of the costs of the NSW Police Force – where police officers applied for access to government information held by NSW Police Force – where Tribunal upheld decision not to provide access to the withheld information – whether Appeal Panel should deal with the appeal by way of a new hearing – whether Tribunal made an error of law or other error justifying setting aside the Tribunal's decisions Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW), ss 36(1), 44, 60, 80, 81 Government Information (Public Access) Act 2009 (NSW), ss 4(1), 5, 13, 53, 58(1)(b),59, Sch 4 cl 2 Surveillance Devices Act 2007 (NSW) Cases Cited: DHQ v DHR [2018] NSWCATAP 128 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Sheehy v Commissioner of Police [2017] NSWCATAD 349 Sheehy v Commissioner of Police [2018] NSWCATAD 107 Category: Principal judgment Parties: Proceedings AP 18/19079 Christopher Sheehy (Appellant) NSW Police Force (Respondent)