Cavallaro v Commissioner of Police [2020] NSWCATAD 132

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cavallaro v Commissioner of Police [2020] NSWCATAD 132 Hearing dates: 28 February 2020 Date of orders: 28 February 2020 Decision date: 14 May 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: M Gracie, Senior Member Decision: (1) Affirm the respondent's Notice of Decision made under the Government Information (Public Access) Act 2009 dated 10 December 2019; and (2) Affirm the findings of the respondent's Internal Review made under the Privacy and Personal Information Protection Act 1998 dated 20 June 2019. Catchwords: ADMINISTRATIVE REVIEW - government information - reviewable decision - exempt information - personal factors - balancing of public interests

ADMINISTRATIVE REVIEW - privacy - personal information - exemption for agency - policing and investigative functions - administrative and educative functions

SUMMONS - production of documents - partial production - relevance Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Criminal Code 1995 (Cth) Government Information (Public Access) Act 2009 Police Act 1990 Privacy and Personal Information Protection Act 1998 Cases Cited: BXK v Western Sydney University [2016] NSWCATAD 235 CEU v University of Technology Sydney [2018] NSWCATAD 13 Cianfrano v NSW Ombudsman [2007] NSWADT 273 Commissioner of Police, NSW Police Force v YK (GD) [2008] NSWADTAP 78 Department of Education and Training v GA (No 3) [2004] NSWADTAP 50. Department of Education and Training v ZR (No 2) [2009] NSWADTAP 44 DF v Director General, Attorney General's Department [2002] NSWADT 164 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hall v Department of Premier and Cabinet (NSW) [2012] NSWADT 46 Hurst v Wagga Wagga City Council [2011] NSWADT 307 HW v Commissioner of Police, New South Wales Police Service and Anor [2003] NSWADT 214 KO and KP v Commissioner of Police, NSW Police Force (GD) [2005] NSWADTAP 56 Leech v Sydney Water Corporation [2010] NSWADT 298 Miller v Director of Public Prosecutions [2012] NSWADT 38 OD v Department of Education and Training [2005] NSWADTAP 74 Raethel v Director-General, Department of Education & Training [1999] NSWADT 108 Watson v NSW Trustee and Guardian [2015] NSWCATAD 139 YG and GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None Category: Principal judgment Parties: Frank Cavallaro (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant (Self Represented) Sparke Helmore Lawyers (Respondent) File Number(s): 2019/00178031; 2019/00220075 Publication restriction: Order under section 64 (1) of the Civil and Administrative Tribunal Act 2013 that the evidence, submissions and record of that part of the proceeding conducted in private on 28 February 2020 not be released to the applicant or the public.