EGR v Commissioner of Police, NSW Police Force [2020] NSWCATAD 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EGR v Commissioner of Police, NSW Police Force [2020] NSWCATAD 94 Hearing dates: 16 March 2020 Date of orders: 02 April 2020 Decision date: 02 April 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: M Gracie, Senior Member Decision: Decision under review is affirmed Catchwords: ADMINISTRATIVE REVIEW - government information - judicial and prosecutorial functions - excluded information - conclusive presumption - overriding public interest - personal factors - balancing of public interests Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Director of Public Prosecutions Act 1986 Government Information (Public Access) Act 2009 Privacy and Personal Information Protection Act 1998 Cases Cited: APD v Commissioner of Police, NSW Police Force [2012] NSWADT 42 Betzis v Commissioner of Police [2020] NSWCATAD 71 Cheney v Mid North Coast Local Health District [2014] NSWCATAD 220 Commissioner of Police, NSW Police Force v Camilleri [2012] NSWADTAP 19 Commissioner of Police v Danis [2017] NSWCATAP 7 DTB v Commissioner of Police, NSW Police Force [2019] NSWCATAD 114 DYD v Commissioner of Police [2019] NSWCATAD 265 Fisher v Goulburn Mulwaree Council [2019] NSWCATAD 34 Flack v Commissioner of Police (NSW) [2011] NSWADT 286 Hall v Department of Premier and Cabinet (NSW) [2012] NSWADT 46 Hurst v Wagga City Council [2011] NSWADT 307 JY v Commissioner of Police [2008] NSWADT 306 Miller v Director of Public Prosecutions [2012] NSWADT 38 Sherman v Commissioner of Police, NSW Police Force [2016] NSWCATAD 10 Simring v Commissioner of Police [2009] NSWSC 270 Smith v NSW Police Force [2015] NSWCATAD 32 Transport for NSW v Searle [2018] NSWCATAP 93 Yee v Medical Council of NSW [2017] NSWCATAD 370 YG and GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None Category: Principal judgment Parties: EGR (Applicant) NSW Commissioner of Police (Respondent) Representation: Solicitors: Applicant (Self Represented) Crown Solicitor (Respondent) File Number(s): 2019/00368031 Publication restriction: Order under section 64 (4) of the Civil and Administrative Tribunal Act 2013 and section 107 of the Government Information (Public Access) Act 2009 that: (a) the names of the complainant and applicant not be disclosed or published in these Reasons for Decision or in the record of the proceedings; (b) disclosure of the names of the applicant and the complainant or any information that may identify the applicant or the complainant is prohibited; (c) the evidence, submissions and record of that part of the proceeding conducted in private on 16 March 2020 is not to be released to either the applicant or the public.