Bradford v Commissioner of Police (No 2) [2022] NSWCATAP 143

Bradford v Commissioner of Police (No 2) [2022] NSWCATAP 143

The Appeal Panel refused leave and dismissed the appeal because the appellant did not establish legal error or any basis for leave. The Tribunal correctly treated the relevant witness statements and associated information as excluded information relating to the investigative and reporting functions of the NSW Crime...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 May 2022
Procedural Posture
Appeal From an Administrative Review Decision Concerning Access to Government Information Under the Government Information (public Access) Act 2009 / Appeal Panel; Appeal on a Question of Law and Application for Leave to Appeal
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
['gipa Access Application' 'excluded Information' 'conclusive Presumption of Overriding Public Interest Against Disclosure' 'nsw Crime Commission Consent to Disclosure' 'questions of Law on Appeal' 'leave to Appeal' 'section 75 of the Government Information (public Access) Act 2009' 'scope of Tribunal Relief Under S 63(3) of the Administrative Decisions Review Act 1997']
['administrative Law' 'government Information Access' 'statutory Interpretation'] ['gipa Access Application' 'excluded Information' 'conclusive Presumption of Overriding Public Interest Against Disclosure' 'nsw Crime Commission Consent to Disclosure' 'questions of Law on Appeal' 'leave to Appeal' 'section 75 of the Government Information (public Access) Act 2009' 'scope of Tribunal Relief Under S 63(3) of the Administrative Decisions Review Act 1997']

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Procedural Posture

Appeal From an Administrative Review Decision Concerning Access to Government Information Under the Government Information (public Access) Act 2009 / Appeal Panel; Appeal on a Question of Law and Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether the Tribunal erred in its interpretation and application of Schedule 1, clause 6(2) of the Government Information (Public Access) Act 2009 concerning consent by the NSW Crime Commission to disclosure of excluded information.' 'Whether the Tribunal could review whether the NSW Crime Commission had been provided with sufficient information to make an informed decision about consent to disclosure.' "Whether the Tribunal's decision raised an issue of principle, a question of public importance, or a reasonably clear injustice warranting leave to appeal." 'Whether point 20 of the access application sought records or answers to questions, and whether the information sought was excluded information subject to a conclusive presumption against disclosure.' 'Whether s 75 of the Government Information (Public Access) Act 2009 required the respondent to create or provide a new record containing information sought by the appellant.']

Ratio Decidendi

The Appeal Panel refused leave and dismissed the appeal because the appellant did not establish legal error or any basis for leave. The Tribunal correctly treated the relevant witness statements and associated information as excluded information relating to the investigative and reporting functions of the NSW Crime Commission, subject to a conclusive presumption against disclosure absent consent. The NSW Crime Commission's refusal of consent was not reviewable, there was no statutory basis to read down the exclusion, and the information sought in point 20, whether characterised as records or answers to questions, remained excluded information. Section 75 of the GIPA Act did not require...

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

  • ['The appeal is dismissed' 'Leave to appeal is refused']