McDonald v Commissioner of Police, NSW Police [2019] NSWCATAD 66

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McDonald v Commissioner of Police, NSW Police [2019] NSWCATAD 66 Hearing dates: On the Papers Date of orders: 18 April 2019 Decision date: 18 April 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: R Hamilton SC, Senior Member Decision: (1) Documents 9-12 and 23 in the schedule of documents at paragraph 104 are remitted to the respondent agency for reconsideration and redaction.

(2) The respondent agency's decisions in relation to the other documents in the schedule are affirmed.

(3) Pursuant to s 64 CAT Act it is ordered that:

(a) the publication of confidential evidence given to the Tribunal, and of matters contained in confidential documents received in evidence by the Tribunal; and

(b) the disclosure to the applicant in the proceedings of confidential evidence given to the Tribunal, and of the contents of a confidential document received in evidence by the Tribunal be prohibited. Catchwords: ADMINISTRATIVE LAW – freedom of information – government information public access – public interest considerations Legislation Cited: Administrative Decisions Review Act 1997 (NSW), Civil and Administrative Tribunal Act 2013 (NSW), Government Information (Public Access) Act 2009 (NSW) Freedom of Information Act 1989 (NSW) Police Act 1990 Freedom of Information Act 1982 (Cth) Cases Cited: Amos v Central Coast Council [2018] NSWCATAD 101 Bourke v Roads & Maritime Services [2012] NSWADT 272 Bray v North Coast Area Health Service [2009]NSWADT 93 Cianfrano v Director General Department of Commerce No. 2 [2006]NSWADT 195 Commissioner of Police (NSW) v Barrett (No 2) [2016] NSWCATAP 86 Commissioner of Police, NSW Police Force v Camilleri [2012] NSWADTAP 19 Department of Education and Training v Mullett [2002] NSWADTAP 13 Department of Education and Training v Mullett (No 2) [2002] NSWADTAP 29 Department of Health v Jephcott [1985] FCA 370 Desmond v Commissioner of Police (NSW) [2003] NSWADT 231 Fire Brigade Employees' Union v Fire and Rescue (NSW) [2014] NSWCATAD 113 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Head v Commissioner of Police (NSW) [2010] NSWADT 27 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Jenkinson v Department of Education and Communities [2013] NSWADT 280 Jones v Department of Education [2017] NSWCATAD 51 Leech v Sydney Water Corporation [2010] NSW ADT 298 Luxford v Department of Education and Communities [2016] NSWCATAD 118 M J v Department of Education & Communities [2014]NSW CATAD 12 Office of Liquor, Gaming and Racing v Fahey [2012] NSWADTAP 55 Re Waterford and Department of the Treasury (No 2) (1984) 5 ALD 588 Ritson v Commissioner of Police (NSW) [2010] NSWADT Saleam v Police Service (NSW) [2002] NSWADT 40 Selby v Commissioner of Police (NSW) [2013] NSWADT 61 Sheehy v Commissioner of Police [2018] NSWCATAD 73 Smolenski v Commissioner of Police (NSW) [2015] NSWCATAD 21 Transport for NSW v Searle [2018] NSWCATAP 93 Tziolas v Department of Education and Communities (NSW) [2012] NSWADT 69 XZ v Commissioner of Police (NSW) [2009] NSWADTAP 2 Texts Cited: 'Guidelines 4 - Personal Information as a public interest consideration under the GIPA Act', The Information Commissioner Category: Principal judgment Parties: Mr R McDonald - Applicant, Commissioner of Police, NSW Police - Respondent Representation: Solicitors: Applicant self-represented Crown Solicitor's Office - Respondent File Number(s): 2017/00312276 Publication restriction: Pursuant to s 64 CAT Act it is ordered that: (a) the publication of confidential evidence given to the Tribunal, and of matters contained in confidential documents received in evidence by the Tribunal; and (b) the disclosure to the applicant in the proceedings of confidential evidence given to the Tribunal, and of the contents of a confidential document received in evidence by the Tribunal be prohibited.