Fisher -v- Commissioner of Police, New South Wales Police Service and Anor [2002] NSWADT 267

Fisher -v- Commissioner of Police, New South Wales Police Service and Anor [2002] NSWADT 267

The documents sought by the applicant contain confidential information provided to police in relation to law enforcement and the disclosure would enable the identity of the informant to be ascertained. Reasonable grounds exist, and on balance, the Tribunal is satisfied that the documents are restricted under Schedule 1, clause 4(1)(b) of the Freedom of Information Act 1989. There are no special or exceptional circumstances warranting the exercise of discretion to override the exemption, and access is not practicable under section 25(4).

Jurisdiction
Australia
Judgment Date
17 December 2002
Procedural Posture
FOI Access Dispute / Merits Review Tribunal Decision
Outcome
Decision under review affirmed - Access to documents refused
Legal Topics
['access to Government Documents' 'exemptions for Confidential Informants' 'law Enforcement and Public Safety' 'public Interest Immunity']
['administrative Law' 'freedom of Information'] ['access to Government Documents' 'exemptions for Confidential Informants' 'law Enforcement and Public Safety' 'public Interest Immunity']

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Procedural Posture

FOI Access Dispute / Merits Review Tribunal Decision

Legal Issues

  1. 1 ['Whether documents are restricted under Schedule 1, clause 4(1)(b) of the Freedom of Information Act 1989' 'Whether the Tribunal has discretion to release such documents' 'Whether the documents contain confidential information provided in relation to law enforcement']

Ratio Decidendi

The documents sought by the applicant contain confidential information provided to police in relation to law enforcement and the disclosure would enable the identity of the informant to be ascertained. Reasonable grounds exist, and on balance, the Tribunal is satisfied that the documents are restricted under Schedule 1, clause 4(1)(b) of the Freedom of Information Act 1989. There are no special or exceptional circumstances warranting the exercise of discretion to override the exemption, and access is not practicable under section 25(4).

Court Disposition

Decision under review affirmed - Access to documents refused

Orders

  • ['Decision under review is affirmed']