AIG Australia Ltd & NM Insurance Pty Limited v Commissioner of Police [2020] NSWCATAD 84

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AIG Australia Ltd & NM Insurance Pty Limited v Commissioner of Police [2020] NSWCATAD 84 Hearing dates: 17 February 2020 Date of orders: 16 March 2020 Decision date: 16 March 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: M Wall, Senior Member Decision: 1. The decision of the respondent is set aside. 2. The respondent is to release the Certificate by Analyst dated 8 November 2019 made in respect of a blood sample analysis by 17 April 2020 Catchwords: ADMINISTRATIVE REVIEW. Government Information (Public Access) – public interest considerations in favour of disclosure – public interest considerations against disclosure – personal factors of the application – weight of evidence. Reveal personal information. Contravene an information protection principle. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: Miskelly v Transport for NSW [2017] NSWCATAD 75 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 28 McKinnon v Secretary, Department of Treasury [2006] HCA 45 Transport for NSW v Searle [2018] NSWCATAP 93 Public Service Association and Professional Officers Association, Amalgamated Union of NSW -v- Director General, Premier's Department [2002] NSWADT 277. Pollington v Commissioner of Police, NSW Police Force [2019] NSWCATAD 1 Shoebridge v Department of Education [2017] NSWCATAD 343 Category: Principal judgment Parties: AIG Australia Ltd & NM Insurance Pty Limited (Applicant) Commissioner of Police, NSW Police Force (Respondent) Office of the Information Commissioner Representation: Counsel: I Griscti (Applicant)