Coburn v NSW Police

The case of Coburn v NSW Police involved the applicant, Mr Coburn, who sought an order for the correction of records held by the respondent, the NSW Police Force, concerning his criminal history. Mr Coburn argued that certain information contained in the records was inaccurate and should be corrected. The matter was heard in the Supreme Court of New South Wales.

The court was required to determine whether the NSW Police Force was required to amend the records in question, and if so, to what extent. The legal issues included the scope of the duty to correct records under the relevant legislation and the appropriate standard of proof for establishing inaccuracies in the records. The court also considered the potential consequences of the correction of the records, including the impact on the applicant's reputation and any relevant public interest considerations.

The court found that the NSW Police Force had a duty to correct records where they were inaccurate, and that the standard of proof for establishing inaccuracies was the balance of probabilities. The court held that the applicant had established that certain information in the records was inaccurate, and that the correction of those inaccuracies was appropriate. However, the court also found that the correction of other information in the records was not warranted, as the applicant had not established that it was inaccurate to the required standard of proof. The matter was relisted for argument concerning the mode of amendment of the respondent's records in accordance with these reasons.