DVT v Commissioner of Police [2020] NSWCATEN 1

DVT v Commissioner of Police [2020] NSWCATEN 1

The internal communication of DVT's name within the NSW Police Force did not constitute 'publication' within the meaning of the Tribunal's orders, and thus was not capable of amounting to contempt. Consequently, there was no basis to refer the matter to the Supreme Court, nor grounds for a costs order against DVT or...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 October 2020
Procedural Posture
Application / Decision After Hearing
Outcome
Application for referral to Supreme Court declined; previous non-disclosure order revoked and replaced by non-publication order; costs refused.
Legal Topics
['non Publication Orders' 'contempt of Tribunal' 'disclosure Vs Publication' 'costs in Tribunal Proceedings']
['administrative Law' 'privacy Law' 'practice and Procedure'] ['non Publication Orders' 'contempt of Tribunal' 'disclosure Vs Publication' 'costs in Tribunal Proceedings']

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Procedural Posture

Application / Decision After Hearing

Legal Issues

  1. 1 ["Whether internal communication within police constitutes 'publication' in breach of non-publication order" 'Whether breach of non-publication order is capable of amounting to contempt' 'Whether to refer the matter to the Supreme Court for determination of contempt' 'Whether a summons for evidence should be issued' 'Whether non-publication order should be revoked' 'Whether special circumstances justify a costs order']

Ratio Decidendi

The internal communication of DVT's name within the NSW Police Force did not constitute 'publication' within the meaning of the Tribunal's orders, and thus was not capable of amounting to contempt. Consequently, there was no basis to refer the matter to the Supreme Court, nor grounds for a costs order against DVT or need to issue the requested summons.

Court Disposition

Application for referral to Supreme Court declined; previous non-disclosure order revoked and replaced by non-publication order; costs refused.

Orders

  • ['The order prohibiting disclosure of the name of DVT is revoked.' 'Order made prohibiting publication of the name of DVT under s 64(1)(b) Civil and Administrative Tribunal Act 2013 (NSW).' 'The Tribunal declines to refer the matter to the Supreme Court for determination.' 'The application for costs by the...