Pollington v Commissioner of Police, NSW Police Force [2019] NSWCATAD 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pollington v Commissioner of Police, NSW Police Force [2019] NSWCATAD 1 Hearing dates: 2 July 2018 Date of orders: 02 January 2019 Decision date: 02 January 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: (1) The decision under review is varied. The decision is made that the following information is to be released: (a) Paragraphs 2 and 4 of the 'Certificate by Analyst' dated 8 May 2014; and (b) Assumption 2 of Dr Perl's report. (2) The decision under review is otherwise affirmed Catchwords: Administrative Law –Government Information – access application – redaction of information concerning testing methodology – personal information - whether public interest considerations against disclosure outweigh public interest considerations in favour of disclosure Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Cases Cited: Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Jenkinson v Department of Education and Communities [2013] NSWADT 280 Leech v Sydney Water Corporation [2010] NSWADT 298 Meriton Property Services Pty Ltd v UrbanGrowth NSW [2017] NSWCATAD 71 Peter Zonnevylle v Department of Education and Communities [2018] NSWCATAD 139 Spillane v Department of Family and Community Services (NSW) [2014] NSWCATAD 169 Texts Cited: Nil Category: Principal judgment Parties: Charlotte Pollington (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: S Peet, Agent (Applicant) Maddocks Lawyers (Respondent) File Number(s): 2018/00006574 Publication restriction: Pursuant to section 64(1)(d) of the Civil and Administrative Tribunal Act 2013 any confidential evidence filed with the Tribunal pursuant to section 107 of the Government Information (Public Access) Act 2009, is not to be disclosed without further order of the Tribunal. Those paragraphs of these reasons identified as [Not for publication] are not to be released to the Applicant or the public without further order of the Tribunal.