FNJ v Commissioner of Police, NSW Police Force

Case [2022] NSWCATAD 130


Civil and Administrative Tribunal


New South Wales

Medium Neutral Citation: FNJ v Commissioner of Police, NSW Police Force [2022] NSWCATAD 130
Hearing dates: On the papers and 29 September 2022
Date of orders: 2 December 2022
Decision date: 02 December 2022
Jurisdiction:Administrative and Equal Opportunity Division
Before: S Higgins, Senior Member
Decision:

(1) The decision of the respondent not to deal with the information sought by the applicant in Parts 1 and 3 of his access application is affirmed.

(2) The decision of the respondent that no further information is held in response to Part 2 of the applicant’s access application is affirmed.

(3) The decision of the respondent to refuse to deal with Part 4 of the applicant’s access application is set aside and in substitution thereof a decision is made that no information is held in response to Part 4 of the applicant’s access application.

(4) The decision of the respondent to refuse the applicant access to the redacted information in event report E xxxxxx901 and the redacted information in the Constable’s notebook for 13 September 2019 is affirmed.

(5) The decision of the respondent that no further information is held in response to Part 5 of the applicant’s access application is affirmed.

(6) The decision of the respondent to refuse the applicant access to the telephone recordings made on 27 and 28 May 2019 is affirmed.

(7) The decision of the respondent that no further information is held in response to Part 7 of the applicant’s access application is affirmed.

(8) The decision of the respondent that no information is held in response to Part 8 of the applicant’s access application is affirmed.

Catchwords:

ADMINISTRAVIVE LAW – Access to government information – information not held - conclusive presumed public interest against disclosure - Government Information (Public Access)09 (NSW) s 14(1) and Sch 1 cl 7

ADMINISTRAVIVE LAW – Access to government information – refuse to deal with information sought - Government Information (Public Access) Act 2009 (NSW) s 60(1)(d) and (e)

ADMINISTRATIVE LAW – Access to government information - public interest considerations against disclosure - Government Information (Public Access) Act 2009 (NSW) s 14(2) and table item 1(d), 1(f), 2(a), 3(a), 3(b) and 3(g) – whether, on balance, the public interests against disclosure outweigh the public interest in favour of disclosure

Legislation Cited:

Administrative Decisions Review Act 1997 (NSW)

Civil and Administrative Tribunal Act 2013 (NSW)

Freedom of Information Act 1989 (NSW) (repealed)

Government Information (Public Access) Act 2009 (NSW)

Police Act 1990

Privacy and Personal Information Protection Act 1998

Cases Cited:

Commissioner of Police v Danis [2017] NSWCATAP 7

Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19

Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409

DYD v Commissioner of Police [2019] NSWCATAD 265

Leech v Sydney Water Corporation [2010] NSWADT 298

Macquarie University v Howell (No 2) [2009] NSWADTAP 19

McKinnon v Black Town City Council [2012] NSWADT 44

McLennan v University of New England [2013] NSWADT…

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AGLC
FNJ v Commissioner of Police, NSW Police Force [2022] NSWCATAD 130
Case
[2022] NSWCATAD 130
Decision Date

CaseChat Overview and Summary

The case of FNJ v Commissioner of Police, NSW Police Force, involved an applicant seeking access to various pieces of information held by the respondent, the NSW Police Force. The applicant's request was made under the Government Information (Public Access) Act 2009 (NSW). The NSW Land and Environment Court was tasked with determining whether the respondent's decisions to refuse access to certain information were lawful and reasonable.

The court needed to address several legal issues, including whether the respondent was correct in refusing to deal with the information sought by the applicant in certain parts of his access application. Specifically, the court examined if the respondent was justified in asserting that no further information was held in response to certain parts of the application. Additionally, the court considered whether the respondent's decision to refuse access to specific pieces of information, such as event reports and telephone recordings, was in accordance with the law.

The court found that the respondent's decisions to refuse to deal with the information sought in parts of the applicant's access application were affirmed, as were the decisions asserting that no further information was held in certain cases. However, the court set aside the decision regarding Part 4 of the access application, substituting it with a decision that no information was held in response to that part. The court also affirmed the decisions to refuse access to specific pieces of information, such as the redacted information in event reports and telephone recordings, finding that the public interest considerations against disclosure outweighed the public interest in favour of disclosure. The court concluded that the respondent's decisions were lawful and reasonable in most instances, with the exception of Part 4 of the access application.

Orders

Orders of the court

(1) The decision of the respondent not to deal with the information sought by the applicant in Parts 1 and 3 of his access application is affirmed.

(2) The decision of the respondent that no further information is held in response to Part 2 of the applicant’s access application is affirmed.

(3) The decision of the respondent to refuse to deal with Part 4 of the applicant’s access application is set aside and in substitution thereof a decision is made that no information is held in response to Part 4 of the applicant’s access application.

(4) The decision of the respondent to refuse the applicant access to the redacted information in event report E xxxxxx901 and the redacted information in the Constable’s notebook for 13 September 2019 is affirmed.

(5) The decision of the respondent that no further information is held in response to Part 5 of the applicant’s access application is affirmed.

(6) The decision of the respondent to refuse the applicant access to the telephone recordings made on 27 and 28 May 2019 is affirmed.

(7) The decision of the respondent that no further information is held in response to Part 7 of the applicant’s access application is affirmed.

(8) The decision of the respondent that no information is held in response to Part 8 of the applicant’s access application is affirmed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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