Danis v Commissioner of Police [2017] NSWCATAD 144

Danis v Commissioner of Police [2017] NSWCATAD 144

Section 60(1)(d) of the GIPA Act permits refusal to process access applications where information is available to the applicant as a result of being produced under subpoena, even if only for inspection and not copying. Weighing systemic factors, respect for court-imposed limits, and the applicant's personal connection, the discretion was properly exercised to refuse to deal with the application.

Jurisdiction
Australia
Judgment Date
09 May 2017
Procedural Posture
Administrative Review / Remitted Hearing Before the Tribunal After Appeal Panel Decision
Outcome
Application dismissed; agency's decision affirmed.
Legal Topics
['refusal to Deal With Information Request' "interpretation of 'available' Under GIPA Act" 'access to Subpoenaed Documents']
['administrative Law' 'government Information'] ['refusal to Deal With Information Request' "interpretation of 'available' Under GIPA Act" 'access to Subpoenaed Documents']

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Procedural Posture

Administrative Review / Remitted Hearing Before the Tribunal After Appeal Panel Decision

Legal Issues

  1. 1 ["Whether information produced under subpoena and available for inspection but not copying is 'available' under s 60(1)(d) of the GIPA Act" 'How discretion under s 60(1)(d) of the GIPA Act should be exercised']

Ratio Decidendi

Section 60(1)(d) of the GIPA Act permits refusal to process access applications where information is available to the applicant as a result of being produced under subpoena, even if only for inspection and not copying. Weighing systemic factors, respect for court-imposed limits, and the applicant's personal connection, the discretion was properly exercised to refuse to deal with the application.

Court Disposition

Application dismissed; agency's decision affirmed.

Orders

  • ["The agency's decision to refuse to deal with the application is affirmed."]