Adams v Commissioner for Police

In the case of Adams v Commissioner for Police, the applicant sought access to certain documents held by the Commissioner for Police under the Government Information (Public Access) Act 2009. The Commissioner had withheld some of the information, leading to the applicant challenging this decision. The case was heard in the Administrative Appeals Tribunal.

The primary legal issues in the case centred around whether the Commissioner's decision to withhold information was justified under the Government Information (Public Access) Act 2009. Specifically, the court had to consider whether the public interest in withholding the information outweighed the public interest in disclosure, and whether the decision resulted in an unreasonable and substantial diversion of resources.

The Tribunal found that the Commissioner's decision to withhold some of the information was not justified. The Tribunal held that the overriding public interest considerations did not apply, and that dealing with the access application would not require an unreasonable and substantial diversion of resources. Consequently, the Tribunal set aside the Commissioner's decision regarding the withheld information and ordered the Commissioner to provide access to that information. In cases where the Commissioner decided to refuse access, a detailed schedule of the withheld information was to be provided. The applicant was also given the opportunity to press their application and include grounds for doing so.

The court ordered the Commissioner to reconsider the withheld information in specific pages of the bundles, and to provide a decision within 20 working days. Additionally, the Tribunal set aside the Commissioner's decision regarding certain other withheld information and ordered that the applicant be provided with access to that information within 28 days of the publication of the decision.