Klaric v Commissioner of Police [2020] NSWCATAD 47

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Klaric v Commissioner of Police [2020] NSWCATAD 47 Hearing dates: 9 May 2019, 7 August 2019 Date of orders: 10 February 2020 Decision date: 10 February 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: (1) The Tribunal notes that the information sought by the applicant in Item 25 was released to the applicant during the hearing. (2) The Tribunal also notes that the information redacted from the cover sheet of the s150 pdf file referred to in Item was agreed to be released to the applicant. (3) The decision of the respondent is otherwise affirmed. Catchwords: ADMINISTRATIVE LAW – administrative review - Government Information – refusal to deal with application – whether agency has already decided previous application for same information – whether no reasonable grounds for believing agency would make a different decision – adequacy of searches

ADMINISTRATIVE LAW – administrative review - Government Information – balancing the public interest Legislation Cited: Government Information (Public Access) Act 2009 Cases Cited: Amos v Central Coast Council [2018] NSWCATAD 101 Applicants v Commissioner of Police [2015] NSWCATAD 22 Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Australian Vaccination Network v Department of Finance and Services [2013] NSWADT 60 Camilleri v Commissioner of Police (NSW) [2012] NSWADT 5 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADATP 19 Cianfrano v Director General Department of Commerce (No 2) [2006] NSWADT 195 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Leech v Sydney Water Corporation [2010] NSWADT 298 McClymont v Department of Family and Community Services [2017] NSWCATAD 202 McLachlan v Commissioner of Police, NSW Police Force [2019] NSWCATAD 109 McMillan v Commissioner of Police, NSW Police Force; Brady v Commissioner of Police, NSW Police Force [2013] NSWADT 53 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 Sheehy v Commissioner of Police; Rapisarda v Commissioner of Police; McDonald v Commissioner of Police; Housego v Commissioner of Police [2018] NSWCATAD 73 Shepherd and Department of Housing, Local Government and Planning (1994) 1 QAR 464 Webb v Port Stephens Council [2018] NSWCATAP 224 Category: Principal judgment Parties: Grozdan Klaric (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant (Self Represented) Sparke Helmore Lawyers (Respondent) File Number(s): 2019/00007268 Publication restriction: Section 64 of the Civil and Administrative Tribunal Act 2013 applies to the material filed by the respondents on a confidential basis, to those paragraphs of these reasons identified as [Not for publication], to the evidence given in private before the Tribunal and to the record of that part of the proceedings conducted in private pursuant to s 49. That material is not to be released to either the applicant or to the public.