Gabriel v Commissioner of Police [2020] NSWCATAD 51

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gabriel v Commissioner of Police [2020] NSWCATAD 51 Hearing dates: 9 December 2019 Date of orders: 13 February 2020 Decision date: 13 February 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: (1) The decision under review is affirmed. (2) Pursuant to s 64(1)(b) and (d) of the Civil and Administrative Tribunal Act 2013 the publication or disclosure to the applicant of the paragraphs of these reasons marked "Not for publication" is prohibited. (3) Pursuant to s 64(1)(c) and (d) of the Civil and Administrative Tribunal Act the publication or disclosure to the applicant of the confidential evidence and submissions filed by the respondent in these proceedings and the record of the confidential hearing, is prohibited. Catchwords: FREEDOM OF INFORMATION – government information – disclosure of information provided in confidence – revealing the identity of an informant – Personal information – personal factors of the applicant– balancing exercise. Legislation Cited: Government Information (Public Access) Act 2009 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Battin v University of New England [2013] NSWADT 73 Collins v Department of Finance [2018] NSWCATAD 60 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 McLennan v University of New England [2013] NSWADT 113 Miskelly v Secretary Department of Education [2019] NSWCATAD 48 NSW Office of Liquor, Gaming and Racing v Fahey [2012] NSWADTAP 55 Raven v The University of Sydney [2015] NSWCATAD 104 Re Actors Equity Association of Australia and Australian Broadcasting Tribunal (No. 2) (1985) 7 ALD 584 Woolley v Lismore City Council [2013] NSWADT 10 Texts Cited: None cited Category: Principal judgment Parties: David Gabriel (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant (Self Represented) Sparke Helmore Lawyers (Respondent) File Number(s): 2019/00195101 Publication restriction: 1. Pursuant to s 64(1)(b) and (d) of the Civil and Administrative Tribunal Act 2013 the publication or disclosure to the applicant of the paragraphs of these reasons marked "Not for publication" is prohibited.2. Pursuant to s 64(1)(c) and (d) of the Civil and Administrative Tribunal Act the publication or disclosure to the applicant of the confidential evidence and submissions filed by the respondent in these proceedings and the record of the confidential hearing, is prohibited.