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[2019] NSWCATAD 5
NCAT Administrative and Equal Opportunity
2018-11-14
Original judgment source is linked above.
formation (Public Access) Act 2009 and an order under s 64(1)(b) and (d) of the Civil and Administrative Tribunal Act of the applies to the paragraphs and Annexure in these reasons marked "Not for publication".
Background
The issues
Confidentiality
Whether the public interest considerations against disclosure are substantiated
Disclosure could reasonably be expected to prejudice the supply of confidential information that facilitates the effective exercise of that agency's functions - s 14 Table 1(d)
Disclosure could reasonably be expected to prejudice the effective exercise by an agency of the agency's functions - s 14 Table 1(f)
Disclosure could reasonably be expected to prejudice the prevention, detection or investigation of a contravention or possible contravention of the law - s 14 Table 2(b)
Evidence
Whether the considerations against disclosure apply to the information
Public interest considerations in favour of disclosure
Disclosure could show that the NSWPF has acted improperly or unlawfully
Disclosure will inform the public about policies and practices of the NSWPF
The information is personal information of the applicant
Balancing the public interest considerations
Conclusion
Orders 1. Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the disclosure of the name of the applicant and the names of the persons named in the applicant's statement in these proceedings is prohibited. 2. Pursuant to s 64(1)(b) and (d) of the Civil and Administrative Tribunal Act the publication or disclosure to the applicant of the paragraphs of these reasons marked "Not for publication" is prohibited. 3. Pursuant to s 64(1)(b) and (d) of the Civil and Administrative Tribunal Act the publication or disclosure to the applicant of the Confidential Annexure to these reasons is prohibited until the expiry of 28 days from the date of the decision. 4. Pursuant to s 64(1)(c) and (d) of the Civil and Administrative Tribunal Act the publication or disclosure to the applicant of the confidential evidence and submissions filed by the respondent in these proceedings and the record of the confidential hearing, is prohibited. 5. The decision under review is varied as set out in the Confidential Annexure to these reasons.
CONFIDENTIAL ANNEXURE A Not for publication until expiry of 28 days from date of decision E66128539 Page 3 release the words "self confessed cannabis user". E59455012 Page 1 release the words in the first redacted sentence "well known for robbery offences." E60358772 Release redacted information on page 2 relating to the warnings to the applicant. E61354412 Release all redacted information on page 2. E62382624 Release the second and third sentences of the redacted information on page 1. E63685641 Release the words "POI is also on bail" only. E124847801 Release the first sentence only of the redacted information on page 1 which continues onto page 2. E227317298 Release redacted information on page 2 with the exception of sentence "POI also has recent intel for drug use and supply". E64070612 Release the words "The YP had also been charged with drug possession on multiple previous occasions" and "Due the YP appearing to avoid police questions". E66553085 The information that the applicant is on the STMP for Blacktown should be released. The words "POI has inte" (sic) should be released. E60700323 Release the primary reason for the search, being: "To ensure he was not in possession of an item used or to be used" and the words "POI is known for property stealing offences and is currently on strict bail for these offences" E67852489 Release the redacted information on page 2. I hereby certify that this is a true and accurate record of the reasons for decision of the Civil and Administrative Tribunal of New South Wales. Registrar
Amendments 19 February 2019 - Amendment made to [51] points 27(a) and (b) added. Confidential Annexure published at expiration of 28 day period. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 19 February 2019
DRF
Commissioner of Police, NSW Police Force