He Zhang v Law Enforcement Conduct Commission [2024] NSWCATAD 158

He Zhang v Law Enforcement Conduct Commission [2024] NSWCATAD 158

The applicant's access application is not valid because the information requested relates to the complaint handling and investigative functions of the Law Enforcement Conduct Commission and is therefore excluded information under clause 2 of Schedule 2 of the GIPA Act; the Tribunal is satisfied the decision under review is correct and preferable.

Jurisdiction
Australia
Judgment Date
12 June 2024
Procedural Posture
Administrative Review / Final Decision
Outcome
The decision under review is affirmed.
Legal Topics
['excluded Information' 'invalid Application' 'public Interest in Disclosure']
['administrative Law' 'government Information Access'] ['excluded Information' 'invalid Application' 'public Interest in Disclosure']

Case Brief

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Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 ["Whether the information sought by the applicant is 'excluded information' under the Government Information (Public Access) Act 2009 (NSW)" 'Whether the access application is valid under section 43 of the GIPA Act']

Ratio Decidendi

The applicant's access application is not valid because the information requested relates to the complaint handling and investigative functions of the Law Enforcement Conduct Commission and is therefore excluded information under clause 2 of Schedule 2 of the GIPA Act; the Tribunal is satisfied the decision under review is correct and preferable.

Court Disposition

The decision under review is affirmed.

Orders

  • ['The decision under review is affirmed.' 'Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW), the Confidential Affidavit of Lauren Berrell is not to be published or released to the Applicant or the public.']