Black v NSW Police Force [2008] NSWADT 177
The Tribunal determined that the document was exempt as it contained information enabling the existence or identity of a confidential source relating to law enforcement to be ascertained, and that discretionary considerations also favoured refusal of access to avoid hindering the police's ability to administer firearm laws effectively.
- Parties
- Applicant: Phillip Ross Black; Respondent: NSW Police Force
- Jurisdiction
- Australia
- Judgment Date
- 19 June 2008
- Procedural Posture
- Application for Review of FOI Determination / Final Decision
- Outcome
- application dismissed; access to the document refused
- Legal Topics
- Access to Documents, Confidential Sources, Discretion to Grant Access
Case Brief
Summary, issues, holding and outcome
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Parties
Phillip Ross Black
Applicant
NSW Police Force
Respondent
Procedural Posture
Application for Review of FOI Determination / Final Decision
Legal Issues
- 1 Whether the document under review is an exempt document under the Freedom of Information Act 1989 (NSW) Schedule 1
- 2 Whether the applicant should be granted access to the document on discretionary grounds
Ratio Decidendi
The Tribunal determined that the document was exempt as it contained information enabling the existence or identity of a confidential source relating to law enforcement to be ascertained, and that discretionary considerations also favoured refusal of access to avoid hindering the police's ability to administer firearm laws effectively.
Court Disposition
application dismissed; access to the document refused
Orders
- The document under review is an exempt document
- Access to the document under review is refused
Full Case Text
Judgment text and source record
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