Commissioner of Police v DYD [2020] NSWCATAP 224

Commissioner of Police v DYD [2020] NSWCATAP 224

The Appeal Panel determined that s 75 of the GIPA Act does not provide a basis for refusing access to existing information; the Tribunal erred by taking into account a public interest factor (DYD's right to know about adverse findings against him) not supported by the evidence, and failed to give proper consideration to the child's best interests in relation to some information, thereby requiring that order 3 of the Tribunal's orders of 1 May 2020 be set aside and reconsidered.

Parties
Appellant: Commissioner of Police; Respondent: DYD
Jurisdiction
Australia
Judgment Date
30 October 2020
Procedural Posture
Appeal / Determination of Internal Appeal (appeal Panel) From Tribunal Decision
Outcome
Appeal allowed in part. Leave to appeal on questions other than law is refused. Orders 1 and 2 of Tribunal affirmed. Order 3 set aside and remitted for reconsideration.
Legal Topics
Statutory Interpretation, Public Interest Test, Procedural Fairness, Child's Best Interests, Disclosure of Information, Creation of New Records
Administrative Law Access to Government Information Statutory Interpretation Public Interest Test Procedural Fairness Child's Best Interests Disclosure of Information Creation of New Records

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

Commissioner of Police

Appellant

DYD

Respondent

Procedural Posture

Appeal / Determination of Internal Appeal (appeal Panel) From Tribunal Decision

Legal Issues

  1. 1 Whether the Tribunal erred in its application of s 75 of the Government Information (Public Access) Act 2009 (GIPA Act) regarding creation of new records
  2. 2 Whether the Tribunal erred in considering irrelevant public interest factors in favour of disclosure
  3. 3 Whether proper consideration was given to the best interests of the child under cl 3(g) of the Table in s 14 GIPA Act

Ratio Decidendi

The Appeal Panel determined that s 75 of the GIPA Act does not provide a basis for refusing access to existing information; the Tribunal erred by taking into account a public interest factor (DYD's right to know about adverse findings against him) not supported by the evidence, and failed to give proper consideration to the child's best interests in relation to some information, thereby requiring that order 3 of the Tribunal's orders of 1 May 2020 be set aside and reconsidered.

Court Disposition

Appeal allowed in part. Leave to appeal on questions other than law is refused. Orders 1 and 2 of Tribunal affirmed. Order 3 set aside and remitted for reconsideration.

Orders

  • Leave to appeal on a question other than a question of law is refused.
  • The Tribunal's orders 1 and 2 made on 1 May 2020 are affirmed.