Crowther-Wilkinson v NSW Police Force [2009] NSWADTAP 49

Crowther-Wilkinson v NSW Police Force [2009] NSWADTAP 49

The Appeal Panel held that the Tribunal correctly identified and applied the elements of Freedom of Information Act 1989 Schedule 1 cl 4(1)(b): the uncensored statement would reveal or enable ascertainment of the identity of a confidential source of information relating to the investigation of Mr Adams' murder. The alleged falsity of the information and the appellant's asserted need to prove innocence were not relevant to whether cl 4(1)(b) applied, and the Tribunal had no power to disclose a restricted document once that exemption was established. Any errors by the Tribunal in considering those matters did not affect the ultimate decision, and the factual findings were open to it, so...

Jurisdiction
Australia
Judgment Date
17 August 2009
Procedural Posture
Freedom of Information Appeal Concerning Refusal of Access to an Uncensored Police File Note / Appeal Panel Appeal From Crowther Wilkinson V Commissioner of Police, NSW Police [2009] NSWADT 31; Application for Leave to Extend the Appeal to the Merits
Outcome
Appeal dismissed in substance; leave to extend the appeal to the merits refused; Tribunal decision affirming refusal of access affirmed.
Legal Topics
['exempt Documents' 'confidential Source of Information' 'freedom of Information Act 1989 Schedule 1 Cl 4(1)(b)' 'false or Malicious Information' 'public Interest Immunity' 'restricted Documents' 'override Discretion' 'merits Appeal Leave']
['administrative Law' 'freedom of Information' 'law Enforcement and Public Safety'] ['exempt Documents' 'confidential Source of Information' 'freedom of Information Act 1989 Schedule 1 Cl 4(1)(b)' 'false or Malicious Information' 'public Interest Immunity' 'restricted Documents' 'override Discretion' 'merits Appeal Leave']

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Procedural Posture

Freedom of Information Appeal Concerning Refusal of Access to an Uncensored Police File Note / Appeal Panel Appeal From Crowther Wilkinson V Commissioner of Police, NSW Police [2009] NSWADT 31; Application for Leave to Extend the Appeal to the Merits

Legal Issues

  1. 1 ['Whether the uncensored statement was exempt under Freedom of Information Act 1989 Schedule 1 cl 4(1)(b) because disclosure could reasonably be expected to enable the identity of a confidential source of information in relation to the enforcement or administration of the law to be ascertained.' 'Whether the alleged falsity or maliciousness of information supplied by a confidential source prevents cl 4(1)(b) from applying.' 'Whether the common law exception to public interest immunity for disclosure needed to establish innocence can be read into cl 4(1)(b).' 'Whether the Tribunal could exercise a residual or override discretion to disclose a restricted document found to fall within cl 4(1)(b).' "Whether leave should be granted to extend the appeal to the merits of the Tribunal's decision."]

Ratio Decidendi

The Appeal Panel held that the Tribunal correctly identified and applied the elements of Freedom of Information Act 1989 Schedule 1 cl 4(1)(b): the uncensored statement would reveal or enable ascertainment of the identity of a confidential source of information relating to the investigation of Mr Adams' murder. The alleged falsity of the information and the appellant's asserted need to prove innocence were not relevant to whether cl 4(1)(b) applied, and the Tribunal had no power to disclose a restricted document once that exemption was established. Any errors by the Tribunal in considering those matters did not affect the ultimate decision, and the factual findings were open to it, so...

Court Disposition

Appeal dismissed in substance; leave to extend the appeal to the merits refused; Tribunal decision affirming refusal of access affirmed.

Orders

  • ["Leave to extend the appeal to the merits of the Tribunal's decision is refused." 'The decision of the Tribunal that "The Respondent\'s decision to refuse access to the uncensored statement is affirmed" is affirmed.']