Sherman v Commissioner of Police, NSW Police Force

Sherman initiated proceedings in the Civil and Administrative Tribunal against the Commissioner of Police, NSW Police Force, seeking access under the Government Information (Public Access) Act to a statement given to the police by a third party, alleging that Sherman had committed a sexual assault. Sherman was arrested in connection with the allegation but was never charged. The Tribunal was required to determine whether the statement constituted ‘government information’ accessible under the Act, and if so, whether any exceptions applied to withhold the information. The key issue was whether the disclosure of the statement would compromise the effective exercise of police functions, given that it was confidential information.

The Tribunal found that the statement involved confidential information that facilitated the effective exercise of police functions. The disclosure of this information could potentially undermine the integrity of the police investigation process and the credibility of the complainant. The Tribunal concluded that the public interest in withholding the information outweighed any public interest in disclosure. Consequently, the Tribunal affirmed the decision of the respondent to refuse access to the statement, upholding the Commissioner's decision dated 25 February 2015.