Choi v Commissioner of Police, NSW Police Force [2020] NSWCATAD 95

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Choi v Commissioner of Police, NSW Police Force [2020] NSWCATAD 95 Hearing dates: 22 October 2019 Date of orders: 03 April 2020 Decision date: 03 April 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 a further hearing in this matter is dispensed with. (2) Ms Choi's various applications to issue summonses in this matter are dismissed. (3) The decision of the Commissioner made 12 December 2018 is set aside with respect to the redacted information on page 6 of COPS Event E 540486091. In substitution for that decision, the Tribunal determines to disclose the redacted information on page 6 of the COPS Event, such information to be disclosed within 30 days of publication of these reasons. (4) Otherwise the decisions of the Commissioner are affirmed. Catchwords: Administrative law – Freedom of Information – Government Information Public Access – access application – determination without a hearing – role of agency in proceedings and in choosing its witnesses – decision that information not held -whether searches were reasonable – whether disclosure of information could reasonably be expected to prejudice the supply to an agency of confidential information that facilitates the effective exercise of that agency's functions – whether disclosure of information could reasonably be expected to prejudice the effective exercise by an agency of the agency's functions Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: AIN and Medical Council of NSW [2013] NSWADT 112 Camilleri v Commissioner of Police, New South Wales Police Force [2012] NSWADT 5 Choi v Commissioner of Police, NSW Police Force [2019] NSTCATAD 191 Choi v University of Technology Sydney [2017] NSWCATAD 198 Choi v University of Technology Sydney [2019] NSWCATAD 176 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Crewdson v Central Sydney AHS [2002] NSWCA 345 Dezfouli v Justice Health [2006] NSWADT 274 GA v The University of Sydney [2009] NSWADT 230 Hula v Commissioner of Police NSW Police Force [2013] NSWADT 153 Lonsdale v University of Sydney [2015] NSWCATAP 277 McClymont v Department of Family and Community Services [2017] NSWCATAD 202 McDonald v Commissioner of Police, NSW Police [2019] NSWCATAD 6 Mizzi v Commissioner of Police NSW Police Force [2013] NSWADT 150 Saggers v Environment Protection Authority [2013] NSWADT 109 Webb v Port Stephens Council [2018] MSWCATAP 224 Category: Principal judgment Parties: Jae Hee Choi (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Applicant (self-represented) Crown Solicitor's Office (Respondent) File Number(s): 2019/00078831 Publication restriction: Not applicable