Medlyn v Commissioner Of Police, NSW Police Force [2019] NSWCATAD 89

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Medlyn v Commissioner Of Police, NSW Police Force [2019] NSWCATAD 89 Hearing dates: 17 April 2019 Date of orders: 17 April 2019 Decision date: 17 May 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: (1) The decision under review is set aside (2) The matter is remitted for reconsideration by the Respondent. The reconsideration is to be completed and the Applicant is to be advised of the outcome of the reconsideration by 15 May 2019. Catchwords: ADMINISTRATIVE REVIEW - Administrative Law – Government Information – overriding public interest against disclosure - personal information - information provided to the agency in confidence - prejudice supply of information - disclosure not in the best interests of a child - access to the information previously provided – matter remitted for reconsideration. Legislation Cited: Government Information (Public Access) Act 2009 Administrative Decisions Review Act 1997 Privacy and Personal Information Protection Act 1998 Cases Cited: Collins v Department of Finance, Services & Innovation [2018] NSWCATAD 60 Commissioner of Police (NSW) v Field [2016] NSWCATAP 59 Commissioner of Police v Danis [2017] NSWCATAP 7 Commissioner of Police, New South Wales Police Force v Camilleri [2012] NSWADTAP 19 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179 (1979) 46 FLR 409 Texts Cited: Nil Category: Principal judgment Parties: David Medlyn (Applicant) Commissioner Of Police, NSW Police Force (Respondent) Office of the Information Commissioner Representation: Solicitors: D Medlyn (Self Represented)(Applicant) Sparke Helmore Lawyers (Respondent) C Emery (Office of the Information Commissioner) File Number(s): 2018/00374170 Publication restriction: Nil