McCrystal v Commissioner of Police [2020] NSWCATAD 122

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McCrystal v Commissioner of Police [2020] NSWCATAD 122 Hearing dates: 5 December 2019, 7 February 2020 Date of orders: 05 May 2020 Decision date: 05 May 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: In respect of both proceedings (1) The decision of the respondent dated 14 June 2019 is set aside in part. (2) The respondent is to release the information in accordance with the findings in column 3 of the Table that appears at paragraph [60] of these reasons for decision. (3) The decision is otherwise affirmed. Catchwords: ADMINISTRATIVE LAW – Freedom of Information - Government Information (Public Access) Act -– GIPA – weight of evidence – public interest considerations against disclosure – balance of personal factors of applicant in favour of release Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Freedom of Information Act 1989 (Repealed) Cases Cited: Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 Mannix v Department of Education and Communities [2014] NSWCATAD 35 Texts Cited: None cited Category: Principal judgment Parties: Lee McCrystal (Applicant) Commissioner of Police (Respondent) Information Commissioner (Intervenor) Representation: Counsel: T Wong (Applicant) M Seck (Respondent)