Medlyn v Commissioner of Police [2020] NSWCATAD 125

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Medlyn v Commissioner of Police [2020] NSWCATAD 125 Hearing dates: 22 October 2019 Date of orders: 06 May 2020 Decision date: 06 May 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member Decision: The decision of the respondent, made on 20 May 2019, is affirmed. Catchwords: ADMINISTRATIVE REVIEW – access to government information – access application – whether the discretion to refuse to deal with application under s 60(1)(d) of the Government (Public Access) Act 2009 should be exercised – whether public interest considerations against disclosure, on balance, outweigh the public interest considerations in favour of disclosure Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil Procedure Act 2005 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Freedom of Information Act 1989 (NSW) (Repealed) Government Information (Public Access) Act 2009 Justice Legislation Amendment (Committals and Guilty Pleas) Act 2017 (NSW) Police Act 1990 (NSW) Privacy and Protection Information Protection Act 1998 (NSW) Cases Cited: AEZ v Commissioner of Police [2009] NSWADT 90 Collins v Department of Finance, Services & Innovation [2018] NSWCATAD 60 Commissioner of Police, New South Wales Police Force v Camilleri (GD) [2012] NSWADTAP 19 Commissioner of Police v Danis [2017] NSWCATAP 7 Danis v Commissioner of Police [2017] NSWCATAD 144 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Fisher v NSW Police [2002] NSWADT 267 Leech v Sydney Water Corporation [2010] NSWADT 298 Martin v Commissioner of Police, NSW Police [2005] NSWADT 23 Medlyn v Commissioner of Police, NSW Police Force [2019] NSWCATAD 89 NV v Randwick City Council [2005] NSWADT 45 Director General, Department of Education & Training v Mullett & anor (GD) [2002] NSWADTAP 13 Neary v State Rail Authority [1999] NSWADT 107 Searle Australia Pty Ltd v PIAC [1992] FCA 241; (1992) 108 ALR 163 Simring v Commissioner of Police [2009] NSWSC 270 Texts Cited: None cited Category: Principal judgment Parties: David Medlyn (Applicant) Commissioner of Police (Respondent) Information Commissioner (Intervenor) Representation: Solicitors: Applicant (Self Represented) Spark Helmore Lawyers (Respondent) C Higgins (Intervenor) File Number(s): 2018/00374170 Publication restriction: Pursuant to section 64(1) of the Civil and Administrative Tribunal Act 2013 and section 107 of the Government Information (Public Access) Act 2009 the evidence, submissions and record of that part of the proceeding conducted in confidence on 22 October 2020 is not to be published or disclosed to the applicant or the public.