FDY v Commissioner of Police

The case of FDY v Commissioner of Police involved a dispute over the release of certain information to the applicant. The matter was heard and determined by the Civil and Administrative Tribunal (CAT) in New South Wales. The applicant, referred to as FDY, sought access to two radio broadcasts concerning the attendance of New South Wales police officers at their residence on 21 November 2019. The respondent, the Commissioner of Police, refused to release the requested information, citing potential breaches of privacy and other legislative provisions.

The primary legal issues before the Tribunal were whether the disclosure of the broadcasts would contravene the Privacy and Personal Information Protection Act 1998 and the Surveillance Devices Act 2007. Specifically, the Tribunal had to consider if the release of personal information about third parties and the potential exposure of confidential information that facilitates the effective exercise of the agency's functions would occur. The Tribunal also examined if the release of such information would be in the public interest.

In its decision, the Tribunal found that the broadcasts could be released to the applicant, provided that any personal information of third parties who had not consented to the disclosure and any information unrelated to the police attendance at the applicant's residence were redacted. The Tribunal affirmed the Commissioner of Police's decision to withhold certain information, as it found that disclosing it would contravene the privacy legislation and the Surveillance Devices Act. The Tribunal also imposed restrictions on the publication of sensitive material and the applicant's name, in line with the Civil and Administrative Tribunal Act 2013.

The Tribunal's orders varied the Commissioner of Police's decision to release the two radio broadcasts to the applicant, subject to redactions. Confidential material and certain parts of the proceedings were prohibited from disclosure. The applicant's name was to be referred to by a pseudonym in any published reasons.