Nolan v Commissioner of Police, NSW Police Force [2019] NSWCATAD 120

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nolan v Commissioner of Police, NSW Police Force [2019] NSWCATAD 120 Hearing dates: 20 August 2018, 26 September 2018, 31 October 2018 Date of orders: 17 June 2019 Decision date: 17 June 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: The reviewable decision of 11 July 2018, to the extent that it relates to the determination that the Respondent does not hold call records of NSW Police Force officers' personal mobile telephones, and therefore the request for that information is refused pursuant to s58(1)(b) of the GIPA Act, is affirmed. Catchwords: ADMINISTRATIVE LAW - GIPA Act – Government Information – whether information held by the agency – whether in possession or control – capacity as an officer or member of staff of an agency – obligation to undertake reasonable searches Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: Camilleri v Commissioner of Police, NSW Police Force [2012] NSWADT 5 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Gordon v University of Sydney [2011] NSWADT 278 Re Holt and Education Queensland (1998) 4 QAR 310 Re Hoser and Victoria Police (1990) 4 VAR 259 Category: Principal judgment Parties: Robert Stephen Nolan (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: R Nolan (Applicant in person) Sparke Helmore Lawyers (Respondent) File Number(s): 2018/0088813 Publication restriction: Nil