Pearson v Commissioner of Police, NSW Police Force [2019] NSWCATAD 113

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pearson v Commissioner of Police, NSW Police Force [2019] NSWCATAD 113 Hearing dates: 17 October 2018 Date of orders: 12 June 2019 Decision date: 12 June 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: 1. The decision under review is set aside. 2. A decision is made in substitution pursuant to s 80 that the information applied for is already available to the applicant and that no further information is held by the respondent. Catchwords: ADMINISTRATIVE REVIEW – access to government information – refusal to deal with application – amended application - whether respondent holds other information – information already available to the applicant Legislation Cited: Administrative Decisions Review Act 1997 Government Information (Public Access) Act 2009 Cases Cited: Amos v Central Coast Council [2018] NSWCATAD 101 Camilleri v Commissioner of Police (NSW) [2012] NSWADT 5 McClymont v Department of Family and Community Services [2017] NSWCATAD 202 Miriani v Commissioner of Police (NSW) [2005] NSWADT 187 Robinson v Commissioner of Police [2014] NSWCATAP 73 Mizzi v Commissioner of Police (NSW) [2013] NSWADT 150 Saggers v Environment Protection Authority [2013] NSWADT 109 Shepherd and Department of Housing, Local Government and Planning (1994) 1 QAR 464 Watson v NSW Trustee and Guardian (No 2) [2016] NSWCATAD 19 Category: Principal judgment Parties: Douglas William Pearson (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: D Pearson (Applicant in person) Lindsay Taylor Lawyers (Respondent) File Number(s): 2018/00071685