Eggleton v Commissioner of Police

Eggleton brought a claim against the Commissioner of Police, seeking access to information under the Government Information (Public Access) Act 2009 (GIPA). The dispute centred around a request for information relating to police operations, which the Commissioner had refused to disclose, citing exemptions under the Act. The case was heard in the Land and Environment Court of New South Wales.

The court needed to determine whether the Commissioner's decision to deny access to the requested information was lawful. Specifically, the court had to consider if the Commissioner had conducted a reasonable search for the information, whether the onus of proof lay with the applicant to demonstrate the information's relevance, and if any redacted information could be disclosed without breaching privacy or operational security. The court also needed to assess if the exemptions applied by the Commissioner were justified.

The court found that the Commissioner had undertaken a reasonable search for the information as required by the Act. It was also determined that the onus of proof rested on the applicant to show that the information was relevant and should be disclosed. The court ruled that some redactions were permissible to protect privacy and operational security, and the exemptions applied were appropriate under the circumstances. Consequently, the court affirmed the Commissioner's decision, holding that the denial of access to the information was justified.

The court's final order was to affirm the decision of the Commissioner of Police dated 11 October 2021. The applicant's claim for access to the information was dismissed.