Sheehy v NSW Police Force; Rapisarda v NSW Police Force; Housego v NSW Police Force [2018] NSWCATAP 307

Sheehy v NSW Police Force; Rapisarda v NSW Police Force; Housego v NSW Police Force [2018] NSWCATAP 307

The Appeal Panel concluded the correct respondent was the NSW Police Force, not the Commissioner. None of the appellants' grounds established an error of law or warranted a re-hearing. The Tribunal had not misapplied the public interest test; the balancing was a factual matter and done adequately. No misdirection or inadequacy of reasons for the adequacy of searches was found. The Tribunal's decision on costs did not disclose error. Fresh evidence did not warrant a new hearing. All appeals were dismissed.

Parties
Appellant: Christopher Sheehy; Appellant: Steven Rapisarda; Appellant: Shane Housego; Respondent: NSW Police Force
Jurisdiction
Australia
Judgment Date
18 December 2018
Procedural Posture
Civil Administrative Appeal / Appeal Panel Decision
Outcome
All appeals dismissed
Legal Topics
Government Information (public Access), Public Interest Disclosure, Costs, Appeal Procedure, Anti Discrimination, Procedural Fairness
Administrative Law Government Information (public Access) Public Interest Disclosure Costs Appeal Procedure Anti Discrimination Procedural Fairness

Case Brief

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Parties

Christopher Sheehy

Appellant

Steven Rapisarda

Appellant

Shane Housego

Appellant

NSW Police Force

Respondent

Procedural Posture

Civil Administrative Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Who is the correct respondent under the GIPA Act?
  2. 2 Is the disclosed information still in dispute under the GIPA Act?
  3. 3 Must the Appeal Panel find an error of law before proceeding with a new hearing under NCAT Act s 80(3)?

Ratio Decidendi

The Appeal Panel concluded the correct respondent was the NSW Police Force, not the Commissioner. None of the appellants' grounds established an error of law or warranted a re-hearing. The Tribunal had not misapplied the public interest test; the balancing was a factual matter and done adequately. No misdirection or inadequacy of reasons for the adequacy of searches was found. The Tribunal's decision on costs did not disclose error. Fresh evidence did not warrant a new hearing. All appeals were dismissed.

Court Disposition

All appeals dismissed

Orders

  • The Commissioner of Police, NSW Police Force is removed as a party to each of the proceedings.
  • The NSW Police Force is joined as a respondent to each of the proceedings.