Field v Commissioner of Police, New South Wales Police Force

In the case of Field v Commissioner of Police, New South Wales Police Force, the applicant sought access to CCTV footage under the Government Information (Public Access) Act 2009 (NSW). The footage in question was taken from a public place and contained the applicant’s personal and health information. The Commissioner of Police refused the application on the basis that the footage contained information that was exempt from disclosure. The applicant challenged the decision in the Land and Environment Court of New South Wales.

The court was required to determine whether the CCTV footage contained information that was exempt from disclosure under the Act. Specifically, the court needed to consider whether the information was personal information or health information, and whether disclosure of such information was exempt under section 22 or 23 of the Act. The court also needed to consider whether the exemptions could be outweighed by the public interest in disclosure.

The court found that the CCTV footage did contain personal and health information, but that the exemptions under sections 22 and 23 of the Act did not apply in this case. The court found that the public interest in disclosure outweighed any potential harm that might result from the release of the information. The court noted that the footage was taken in a public place and that the applicant’s identity was not the primary focus of the footage. The court also found that the release of the footage would not result in a substantial invasion of the applicant’s privacy.

The court set aside the decision of the Commissioner of Police and ordered that the CCTV footage be disclosed to the applicant. The Commissioner of Police was also ordered to pay the applicant’s costs of the proceeding.