Morgan v Commissioner of Police

In the Federal Court of Australia, the case of Morgan v Commissioner of Police was heard and determined by Chief Justice Allsop. The plaintiff, Mr Morgan, sought the disclosure of a body-worn video taken by a police officer on 11 June 2020 during an incident involving Mr Morgan. The Commissioner of Police had previously refused to disclose the video, citing privacy and public interest considerations under the Government Information (Public Access) Act 2009.

The primary legal issue before the court was whether the Commissioner's decision to withhold the video was lawful under the Act. The court needed to consider the balance between the public's right to access government information and the protection of personal privacy, particularly in relation to third parties who had not consented to the disclosure of their information. The court also had to determine whether the Commissioner had properly exercised his discretion under the Act in refusing the request.

The court found that the Commissioner's decision was not in accordance with the law. Chief Justice Allsop held that the Commissioner had not adequately justified the refusal to disclose the video, particularly in relation to the privacy interests of third parties. The court noted that while privacy considerations are important, they must be weighed against the public interest in transparency and accountability. The judge concluded that the Commissioner had failed to adequately balance these considerations, leading to an unlawful decision. The court set aside the Commissioner's decision and ordered the release of the video to Mr Morgan, with appropriate redactions to protect the privacy of any third parties.