Leydon v Commissioner of Police [2019] NSWCATAD 267

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Leydon v Commissioner of Police [2019] NSWCATAD 267 Hearing dates: 24 June 2019 (Submissions closed 22 July 2019) Date of orders: 24 December 2019 Decision date: 24 December 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision of the respondent is set aside in part. (2) In addition to the orders made by the Tribunal on 7 June 2019 the following orders are made: (a) The respondent is to release the information agreed in his correspondence / further submissions filed 4 July 2019 concerning the Central Names Index (CNI's) and Document 9. (b) The respondent is to release the information in accordance with the findings in column 3 of the Table that appears at paragraph [67] of these reasons for decision. (3) The decision is otherwise affirmed. Catchwords: ADMINISTRATIVE LAW – Government Information (Public Access) Act – GIPA – sufficiency of evidence to establish factors against disclosure – weight to apply significantly to factors against disclosure – personal factors of application – weight to apply to those factors – currency of investigation Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Freedom of Information Act 1989 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Desmond v Commissioner of Police, New South Wales Police Service [2003] NSWADT 231 DRF v Commissioner of Police, NSW Police Force [2019] NSWCATAD 5 Mannix v Department of Education and Communities [2014] NSWCATAD 35 Transport for NSW v Searle [2018] NSWCATAP 93 Category: Principal judgment Parties: Sally Leydon (Applicant) Commissioner of Police (Respondent) Representation: Counsel: R Jedrzejczyk (Applicant)