DYD v Commissioner of Police [2020] NSWCATAD 119

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DYD v Commissioner of Police [2020] NSWCATAD 119 Hearing dates: 17 February 2020 Date of orders: 01 May 2020 Decision date: 01 May 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: A Christie, Senior Member Decision: (1) That part of the decision dated 17 October 2019 of the Commissioner of Police which relates to Items 4(b) to (f) of the application made by DYD under the Government Information (Public Access) Act 2009 is remitted to the Commissioner of Police for a further decision to be made on the basis that the information in issue is subject to the Government Information (Public Access) Act 2009 and that clauses 1(f), 1(h) and 2(b) of the Table in s 14 of the Government Information (Public Access) Act 2009 are relevant to the decision. (2) The Commissioner of Police must make the decision under Order 1 and give notice of his decision to DYD within 30 days of the date of this order. (3) The Commissioner of Police must release the information which appears beside the word Release in column 3 of the tables in paragraphs 80 and 81 of the decision in this matter within 30 days of the date of this order. (4) The decision dated 17 October 2019 of the Commissioner of Police is otherwise affirmed. Catchwords: GOVERNMENT INFORMATION (PUBLIC ACCESS) – audit of an IT system (COPS) and whether making of a new record - children's privacy - considering personal factors of Applicant - balancing of public interest considerations for and against disclosure - persuasiveness of prior Tribunal decisions Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Police Act 1990 (NSW) Cases Cited: Applicants v Commissioner of Police (NSW) [2015] NSWCATAD 22 Barrett v the Commissioner of Police, NSW Police Force [2014] NSWCATAD 32 Battin v University of New England [2013] NSWADT 73 Commissioner of Police, NSW Police Force v Barrett [2015] NSWCATAP 68 Commissioner of Police, NSW Police Force v Barrett (No.2) [2016] NSWCATAP 86 Commissioner of Police, NSW Police Force v Camilleri [2012] NSWADTAP 19 Commissioner of Police, NSW Police Force v Field [2016] NSWCATAP 59 Denyer v the Commissioner of Police, NSW Police Force [2018] NSWCADAT 160 Department of Community Services v Latham [2000] NSWADTAP 21 Frugtniet v Administrative Decisions Tribunal (Appeal Panel) [2003] NSWCAT 257 Leydon v Commissioner of Police [2019] NSWCATAD 267 MG v Department of Education and Training [2004] NSWADT 137 O'Grady v Sutherland Shine Council [2020] NSWCATAD 50 Tedder v Commissioner of Police, NSW Police Force [2017] NSWCATAD 226 Category: Principal judgment Parties: DYD (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant (Self Represented) Crown Solicitor (Respondent) File Number(s): 2019/00252570 Publication restriction: Pursuant to s64 (a) Civil and Administrative TribunalAct 2013 the publication of the name of the Applicantor any family member of the Applicant in relation tothese proceedings is prohibited.