Stiller v Commissioner of Police, NSW Police

[2004] NSWADT 173

CITATION:	Stiller v Commissioner of Police, NSW Police [2004] NSWADT 173
DIVISION:	General Division
PARTIES:	APPLICANT Michael Stiller RESPONDENT Commissioner of Police, NSW Police
FILE NUMBER:	033056
HEARING DATES:	05/03/2004 & 01/07/2004
SUBMISSIONS CLOSED:	07/01/2004
DATE OF DECISION:	08/19/2004
BEFORE:	Robinson MA - Judicial Member
APPLICATION:	access to documents - confidential material - Freedom of Information Act - access to documents - confidential material
MATTER FOR DECISION:	Principal matter
LEGISLATION CITED:	Freedom of Information Act 1989 Police Service Act 1990
CASES CITED:	Mangoplah Pastoral Co Pty Ltd v Great Southern Energy [1999] NSWADT 93 Neary v The Treasurer, New South Wales [2002] NSWADT 261 McMahon v Director General, Department of Fair Trading [2003] NSWADT 164 Watkins v Chief Executive, Roads and Traffic Authority [2000] NSWADT 11
REPRESENTATION:	APPLICANT In person RESPONDENT M Buchanan, solicitor
ORDERS:	The reviewable decision is affirmed.

1 This case concerns external review of a partial refusal of access to documents by the respondent agency under the Freedom of Information Act 1989 ("FOI Act").

2 The applicant made an FOI application on 4 September 2002 to the respondent pursuant to section 17 of the FOI Act seeking “personal documents” relating to his application to join the NSW Police Service. Section 16 of that Act provides that person has a legally enforceable right to be given access to an agency's documents in accordance with the Act. The respondent made a decision dated 11 October 2002 granting partial release of some of the documents caught by the application and refusing release of some documents. The respondent’s officer relied on the policy of the Recruitment Branch of the respondent in not disclosing the results of background inquiries of police recruits and confidential information thereby obtained. Clause 13(b)(confidential information) of Schedule 1 to the FOI Act was relied on. The applicant sought, through his solicitor, to have the decision internally reviewed under the Act. The letter from his solicitor sought particular information about a knee injury and related medical information provided to the respondent by the applicant’s former employer, Holiday Coast Security Supplies, where the applicant had recently worked as a security guard.

3 An officer of the respondent made a detailed internal review determination dated 7 January 2003 whereby he did not alter the decision of the original FOI officer. The applicant commenced these proceedings on 3 March 2003.

4 There were then held an unusually large number of planning meetings conducted at the Tribunal’s hearing rooms. From time to time, the applicant was represented by a solicitor at those meetings. The applicant was exploring his future employment prospects with the respondent while at the same time the FOI documents sought were further discussed between the respondent’s FOI unit and the Recruitment Branch officers. During that process, further documents were released to the applicant by the respondent under the Act. In addition, the Tribunal is informed that all documents relating to his knee injury while he was an employee of Holiday Coast Security Supplies were disclosed to him…