Kiernan v Commissioner of Police, New South Wales Police (No. 2)

The case of Kiernan v Commissioner of Police, New South Wales Police (No. 2) was heard in the Administrative Appeals Tribunal of Australia, where the applicant sought access to certain documents held by the Commissioner of Police under the Freedom of Information Act 1982. The applicant contended that the Commissioner had not conducted an adequate search for the requested documents and that the Commissioner had failed to provide access to the documents as required by the Act.

The primary legal issue before the Tribunal was whether the Commissioner had fulfilled his obligations under the Act by conducting an adequate search for the requested documents. The applicant argued that the Commissioner had not acted in accordance with the statutory requirements, and the Commissioner contended that the search had been conducted properly and that the requested documents were not held by the agency.

The Tribunal found that the Commissioner had not conducted a sufficient search for the requested documents, and that the applicant had demonstrated that the documents were held by the agency. The Tribunal noted that the Commissioner had not provided evidence to support his assertion that the requested documents were not held by the agency. The Tribunal also found that the Commissioner had failed to provide access to the documents as required by the Act. The Tribunal concluded that the Commissioner had not met his obligations under the Act and remitted the matter to the Commissioner for reconsideration.

In light of the Tribunal's decision, the matter was remitted for reconsideration by the Commissioner pursuant to section 65 of the Administrative Decisions Tribunal Act 1997. The matter was listed for further directions at 11am on 4 March 2008.