Frost v Commissioner of Police [2019] NSWCATAD 273

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Frost v Commissioner of Police [2019] NSWCATAD 273 Hearing dates: 19 December 2019 Date of orders: 19 December 2019 Decision date: 31 December 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: S Cole, DCJ Decision: 1. Application for a non publication order is refused 2. Application for recusal is refused Catchwords: Practice and procedure – orders restricting or prohibiting publication - recusal Legislation Cited: Government Information (Public Access) Act 2009 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: DHL v Nationwide News Pty Ltd [2018] NSWCATAD 92 State of NSW (Justice Health) v Dezfouli [2018] NSWADTAP 69 SBBA v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 90 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Category: Procedural and other rulings Parties: Julie Frost (applicant) Commissioner of Police (respondent) Representation: In person (applicant) Crown Solicitor of NSW (respondent) File Number(s): 2019/00353931

REASONS FOR DECISION

Application for non-publication order 1. Ms Frost has applied for the review of a decision in relation to an application made by her to the respondent under the Government Information (Public Access) Act 2009. 2. On 19 December 2019, at a case conference in the matter, Ms Frost sought an order that her name, her address, her phone number, her email address and the names of her family members be the subject of a non-publication order. 3. There is no need for an order with respect to a person's address, phone number or email address. There would be no reason to publish that information in a decision in a matter of this kind in any event. 4. Directions were made on 29 November 2019, giving Ms Frost an opportunity to provide submissions in support of her application for a non-publication order. 5. Ms Frost did not provide any submissions or any evidentiary material. 6. At the case conference, Ms Frost submitted that the documents she was seeking from the respondent were her private information and should not be published. She said that some of the information related to allegations of criminal conduct committed against her. She said that the situation was similar to a criminal court declining to record a conviction. 7. Ms Frost further argued that publishing a decision in this matter with her name on it would be highly stigmatising and may ruin her reputation. 8. In her application, Ms Frost said that one of the grounds for seeking a non-publication order was the risk of stalking. No evidence was provided as to why Ms Frost believes that she is at risk of being stalked. 9. The Civil and Administrative Tribunal Act 2013 ("the Act") provides, in s 64(1):- (1) If the Tribunal is satisfied that it is desirable to do so by reason of the confidential nature of any evidence or matter or for any other reason, it may (of its own motion or on the application of a party) make any one or more of the following orders: (a) an order prohibiting or restricting the disclosure of the name of any person (whether or not a party to proceedings in the Tribunal or a witness summoned by, or appearing before, the Tribunal), … 1. One of the objects of the Act is to ensure that this Tribunal conducts processes which are open and transparent (see s 3(f) of the Act). This is consistent with the common law principle of open justice. Proceedings are to be open and reportable in the absence of good reasons to restrict public access. (see DHL v Nationwide News Pty Ltd [2018] NSWCATAD 92 and State of NSW (Justice Health) v Dezfouli [2018] NSWADTAP 69). 2. No basis has been put forward upon which I could be satisfied that it is desirable, by reason of the confidential nature of any evidence or matter, or for any other reason, that the disclosure of the applicant's name be prohibited or restricted. 3. Accordingly, Ms Frost's application for a non-publication order was refused.