Danis v Commissioner of Police [2022] NSWCATAP 68

Danis v Commissioner of Police [2022] NSWCATAP 68

The Appeal Panel refused leave and dismissed the appeal because no error of law was established, the Tribunal's reasons were adequate, it did not overlook relevant material, its interpretation and application of the GIPA public interest test and s 121 of the Family Law Act 1975 (Cth) disclosed no error, its acceptance of DS Ferns' evidence and rejection of allegations of police misconduct were reasonably open on the evidence, and no sufficient basis was shown for leave on factual grounds or for a bias ground.

Jurisdiction
Australia
Judgment Date
15 March 2022
Procedural Posture
Appeal From Administrative Review Decision Under the Government Information (public Access) Act 2009 (nsw) / Appeal Panel
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
['gipa Access Application' 'public Interest Test' 'confidential Police Interview Information' 'personal Information' 'leave to Appeal' 'adequacy of Reasons' 'alleged Factual Error' 'apprehended Bias']
['administrative Law' 'government Information Access' 'privacy' 'police Powers and Functions'] ['gipa Access Application' 'public Interest Test' 'confidential Police Interview Information' 'personal Information' 'leave to Appeal' 'adequacy of Reasons' 'alleged Factual Error' 'apprehended Bias']

Case Brief

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Procedural Posture

Appeal From Administrative Review Decision Under the Government Information (public Access) Act 2009 (nsw) / Appeal Panel

Legal Issues

  1. 1 ["Whether the Tribunal overlooked evidence from previous Tribunal proceedings, including the appellant's affidavit sworn 28 January 2020 and cross-examination of DS Ferns." "Whether the Tribunal's reasons were inadequate or insufficient." 'Whether the Tribunal erred in law in applying Commissioner of Police (NSW) v Barrett [2015] NSWCATAP 68, distinguishing JY v Commissioner of Police, NSW Police Force [2008] NSWADT 306, construing s 121 of the Family Law Act 1975 (Cth), considering the Privacy and Personal Information Act 1998 (NSW), or applying the public interest test under the Government Information (Public Access) Act 2009 (NSW).' 'Whether the Tribunal made findings without evidence, in the face of the evidence, or through an erroneous fact-finding process.' 'Whether the hearing miscarried or the Tribunal was biased.']

Ratio Decidendi

The Appeal Panel refused leave and dismissed the appeal because no error of law was established, the Tribunal's reasons were adequate, it did not overlook relevant material, its interpretation and application of the GIPA public interest test and s 121 of the Family Law Act 1975 (Cth) disclosed no error, its acceptance of DS Ferns' evidence and rejection of allegations of police misconduct were reasonably open on the evidence, and no sufficient basis was shown for leave on factual grounds or for a bias ground.

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

  • ['Leave to Appeal is refused.' 'The Appeal is dismissed.']