Applicants v Commissioner of Police

The applicants sought access to information in relation to a complaint made under Part 8A of the Police Act 1990 (NSW) alleging misconduct by police officers. The dispute was heard and determined by the Land and Environment Court of New South Wales. The primary legal issues were whether certain information was privileged and thus inadmissible, and whether the disclosure of the applicants' names would be prejudicial to the effective exercise of the Commissioner's functions and contrary to the public interest in transparency and accountability.

The court considered the provisions of the Police Act 1990 (NSW) and the Police Regulation 2008 (NSW), which provide for the investigation of complaints against police officers and the protection of certain information. The court held that while certain documents were privileged and not admissible in evidence in proceedings other than those concerning the conduct of police officers, the information sought by the applicants was not subject to the same restrictions. The court also found that the Commissioner's decision not to grant the applicants access to the information was not supported by the evidence and was therefore set aside. The court further held that the disclosure of the applicants' names was not necessary for the effective exercise of the Commissioner's functions and would be contrary to the public interest in transparency and accountability.

The court made orders prohibiting the disclosure of the applicants' names and granting the applicants full access to the information in the interview transcripts with police officers, the directive memorandum, the response to the directive memorandum and part of the investigator's report. The court also held that the principle of open justice required that the identity of the complainant in a complaint under Part 8A of the Police Act 1990 (NSW) be confidential, unless the complainant consents to the disclosure of their identity or the Presiding Officer of a House of Parliament orders otherwise.