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[2021] NSWCATAP 230
NCAT Appeal Panel
2021-08-02
Original judgment source is linked above.
Introduction
Background
Notice of Appeal
Reply to Appeal
Materials relied on by the parties in the appeal
Nature of an appeal
A question of law
Leave to appeal
Open submissions
Confidential submissions
Commissioner's submissions
Errors of law
The GIPA Act
The Tribunal's Decision
Consideration
Ground 1 - The Tribunal erred, or misunderstood what his GIPA Application was directed to
Ground 2 - The Tribunal erred because it ignored, misunderstood or misinterpreted Mr Pemberton's "significant" evidence and submissions (including his confidential evidence and submissions)
(a) Did the Tribunal ignore, misunderstand or misinterpret Mr Pemberton's evidence and submissions about Inspector Ponte having given false and misleading evidence?
(b) Did the Tribunal ignore, misunderstand or misinterpret Mr Pemberton's evidence and submissions about a disclosure of the information could reasonably be expected to reveal or substantiate misconduct - cl 12(2)(e)?
Ground 3 - Having found that the information the subject of the responses contained some personal information about Mr Pemberton, did the Tribunal err in not providing any reason for declining to provide him with the information?
Conclusion and orders
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 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: 02 August 2021
Pemberton
Commissioner of Police, NSW Police Force
(2003) 197 ALR 389
(1987) 10 NSWLR 247
(1997) 48 NSWLR 430
(1991) 21 NSWLR 725