DTB v Commissioner of Police, NSW Police Force [2019] NSWCATAD 114

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DTB v Commissioner of Police, NSW Police Force [2019] NSWCATAD 114 Hearing dates: 17 April 2019 Date of orders: 12 June 2019 Decision date: 12 June 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: G Blake AM SC, Senior Member Decision: 1. The time for the making of the application is extended until 27 November 2018. 2. The extracts from "NSW Police Force Code of Practice for CRIME" pertaining to statements, and from "NSW Police Force Handbook" pertaining to statements are admitted as evidence in the proceedings. 3. The decision made on 14 April 2018 of the respondent so far as it refuses access to the Statement of Adam Curtis to the applicant is affirmed. 4. The decision made on 14 May 2018 of the respondent so far as it provides access to Event Report E 128813101 with the deletion of pages 15 to 20 to the applicant is affirmed. Catchwords: ADMINISTRATIVE REVIEW – Government Information (Public Access) – application for review by person aggrieved by decision to refuse to release information – 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) Privacy and Personal Information Protection Act 1998 (NSW) Police Regulation 2015 Cases Cited: Turner v Commissioner of Police, NSW Police Force [2014] NSWCATAP 4 Thomson v Sydney Trains (2015] NSWCATAD 257 Neary v Commissioner of Police, NSW Police Force (2015) NSWCATAD 223 Miskelly v Secretary, Department of Education [2019] NSWCATAD 48 Flack v Commissioner of Police, NSW Police Force [2011] NSWADT 286 Commissioner of Police NSW Police Force v Camilleri [2012] NSWADTAP 19 Simring v Commissioner of Police [2009] NSWSC 270 Zonnevylle v Department of Education and Communities [2018] NSWCATAD 139 AEZ v Commissioner of Police, NSW Police Force [2013] NSWADT 90 Ermel v Department of Finance and Services [2013] NSWADT 183 Category: Principal judgment Parties: DTB (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Mitchell Lawyers (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2018/00364537