Pemberton v Commissioner of Police [2020] NSWCATAD 135

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pemberton v Commissioner of Police [2020] NSWCATAD 135 Hearing dates: On the papers Date of orders: 21 May 2020 Decision date: 21 May 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: The decision under review is affirmed. Catchwords: FREEDOM OF INFORMATION – government information – workplace investigation – prejudice to supply of confidential information and to an agency's functions – deliberative processes - information obtained in confidence – personal information – personal factors of applicant – allegations of misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2013 (NSW) Law Enforcement Conduct Commission Act 2016 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Telecommunications (Interception and Access) Act 1979 (Cth) Cases Cited: Ansoul v City of Sydney [2017] NSWADTAD 65 Battin v University of New England [2013] NSWADT 73 Camilleri v Commissioner of Police (NSW) [2013] NSWADT 80 Commissioner of Police v Barratt [2015] NSWCATAP 68 Hall v Roads and Maritime Services [2012] NSW ADT 239 McKinnon v Blacktown City Council [2012] NSWADT 44 McLennan v University of New England [2013] NSWADT 113 McMahon v Director General Department of Fair Trading [2003] NSWADT 164 MJ v Department of Education and Commerce [2013] NSWADT 213 Re Actors Equity Association of Australia and Australian Broadcasting Tribunal (No. 2) (1985) 7 ALD 584 Selby v Commissioner of Police (NSW) [2013] NSWADT 61 Singh v Legal Aid Commission (No.2) [2015] NSWCATAD 5 Texts Cited: None cited Category: Principal judgment Parties: James Pemberton (Applicant) Commissioner of Police (Respondent) Representation: Counsel: M Seck (Respondent)