Ritson v Commissioner of Police [2022] NSWCATAD 88

Ritson v Commissioner of Police [2022] NSWCATAD 88

The non-publication order is no longer desirable as the confidential information it sought to protect regarding the applicant's identity and address has already been made public in Federal Court orders, published judgments, and media reports. There is no ongoing confidential evidence warranting suppression. The general policy of open justice prevails absent particularised good grounds for suppression, of which none have been established in this instance.

Parties
Applicant: Brendan Ritson; Respondent: Commissioner for Police
Jurisdiction
Australia
Judgment Date
14 March 2022
Procedural Posture
Administrative Review / Application to Revoke Non Publication Order
Outcome
Application to revoke non-publication order granted; order for suspension imposed temporarily
Legal Topics
Non Publication Orders, Open Justice, Privacy and Personal Information Protection Act, Application to Revoke Suppression Orders
Administrative Law Privacy Law Tribunal Procedure Non Publication Orders Open Justice Privacy and Personal Information Protection Act Application to Revoke Suppression Orders

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Parties

Brendan Ritson

Applicant

Commissioner for Police

Respondent

Procedural Posture

Administrative Review / Application to Revoke Non Publication Order

Legal Issues

  1. 1 Whether the non-publication order made on 30 June 2020 should be revoked under s 64(3) of the Civil and Administrative Tribunal Act 2013
  2. 2 Whether the non-publication order continues to be desirable in light of the presumption of open justice and the public availability of relevant information
  3. 3 Whether suspension of the revocation order is appropriate to allow the applicant to consider his position

Ratio Decidendi

The non-publication order is no longer desirable as the confidential information it sought to protect regarding the applicant's identity and address has already been made public in Federal Court orders, published judgments, and media reports. There is no ongoing confidential evidence warranting suppression. The general policy of open justice prevails absent particularised good grounds for suppression, of which none have been established in this instance.

Court Disposition

Application to revoke non-publication order granted; order for suspension imposed temporarily

Orders

  • The non-publication order made in this proceeding (2020/00141477) on 30 June 2020 is revoked.
  • The operation of order 1 is suspended until 28 March 2022.