DRF v Commissioner of Police, NSW Police Force [2019] NSWCATAD 5

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DRF v Commissioner of Police, NSW Police Force [2019] NSWCATAD 5 Hearing dates: 14 November 2018 Date of orders: 02 January 2019 Decision date: 02 January 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: (1) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the disclosure of the name of the applicant and the names of the persons named in the applicant's statement in these proceedings is prohibited. (2) Pursuant to s 64(1)(b) and (d) of the Civil and Administrative Tribunal Act the publication or disclosure to the applicant of the paragraphs of these reasons marked "Not for publication" is prohibited. (3) Pursuant to s 64(1)(b) and (d) of the Civil and Administrative Tribunal Act the publication or disclosure to the applicant of the Confidential Annexure to these reasons is prohibited until the expiry of 28 days from the date of the decision. (4) Pursuant to s 64(1)(c) and (d) of the Civil and Administrative Tribunal Act the publication or disclosure to the applicant of the confidential evidence and submissions filed by the respondent in these proceedings and the record of the confidential hearing, is prohibited. (5) The decision under review is varied as set out in the Confidential Annexure to these reasons. Catchwords: ADMINISTRATIVE LAW – government information – public interest considerations against disclosure – prejudice to supply of confidential information – prejudice to effective exercise of policing functions – prejudice to detection, prevention or investigation of contraventions of the law – public interest in favour of disclosure where disclosure may show improper or illegal conduct - proactive policing - public interest in favour of disclosure of a person's personal information – public interest in favour of informing the public about proactive policing Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Law Enforcement Police Powers and Responsibilities Act 2002 (NSW) Cases Cited: Battin v University of New England [2013] NSWADT 73 Commissioner of Police, NSW Police Force v Barrett [2015] NSWCATAP 68 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Desmond v Commissioner of Police, NSW Police Service [2005] NSWADT 272 Director General, Department of Education and Training v Mullett & Anor (GD) 2002 NSWADTAP 13 Hall v Roads and Maritime Services [2012] NSW ADT 239 Fisher v Commissioner of Police, New South Wales Police Service and Anor [2002] NSWADT 267 McLennan v University of New England [2013] NSWADT 113 Re Actors Equity Association of Australia and Australian Broadcasting Tribunal (No. 2) (1985) 7 ALD 584 Simring v Commissioner of Police, NSW Police [2009] NSWSC 270 Texts Cited: Nil Category: Principal judgment Parties: DRF (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: C Trahanas (Applicant)