McLachlan v Commissioner of Police, NSW Police Force [2019] NSWCATAD 109

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McLachlan v Commissioner of Police, NSW Police Force [2019] NSWCATAD 109 Hearing dates: 5 December 2018 Date of orders: 06 June 2019 Decision date: 06 June 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The decision under review is affirmed Catchwords: ADMINISTRATIVE LAW – public access to government information –Request for information concerning a complaint alleging police misconduct – Personal information – whether prejudice to the effective exercise of an agency's functions – public interest in transparency and accountability - balancing public interest considerations – personal information Legislation Cited: Government Information (Public Access) Act 2009 Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Police Act 1900 Cases Cited: 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 Sheehy v Commissioner of Police; Rapisarda v Commissioner of Police; McDonald v Commissioner of Police; Housego v Commissioner of Police [2018] NSWCATAD 73 Category: Principal judgment Parties: Wayne John McLachlan (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: M Seck (Respondent)

Solicitors: Police Association of NSW (Applicant) Norton Rose Fulbright (Respondent) File Number(s): 2018/00284303 Publication restriction: Pursuant to section 64 of the Civil and Administrative Tribunal Act 2013, paragraphs [54] – [55] of these reasons is not to be published or released to the Applicant, nor is any of the evidence or documents referred to during confidential hearing of the Tribunal.