Rittau -v- Commissioner of Police, New South Wales Police Service and Anor [2000] NSWADT 186

Rittau -v- Commissioner of Police, New South Wales Police Service and Anor [2000] NSWADT 186

The document in question is a restricted and exempt document under clause 4(3)(b) of Schedule 1 to the FOI Act. On the material before the Tribunal, there are reasonable grounds for this claim due to its origin from the former Special Branch and the ongoing confidential relationship with the external agency supplying the disputed information. The Tribunal was not persuaded that the override discretion should be exercised to release the material, as disclosure would not be 'totally innocuous' and could adversely affect the external agency's cooperation. The legislative scheme gives special significance to restricted documents, and, while the Tribunal retains a narrow override discretion as...

Jurisdiction
Australia
Judgment Date
19 December 2000
Procedural Posture
Application for Review of FOI Decision / Final Decision After Hearing
Outcome
Decision under review affirmed
Legal Topics
['access to Documents' 'exempt Documents' 'tribunal Review Powers' 'override Discretion Under FOI Law']
['administrative Law' 'freedom of Information'] ['access to Documents' 'exempt Documents' 'tribunal Review Powers' 'override Discretion Under FOI Law']

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Procedural Posture

Application for Review of FOI Decision / Final Decision After Hearing

Legal Issues

  1. 1 ["Whether the disputed Special Branch document is an exempt 'restricted document' under clause 4(3)(b) of Schedule 1 to the Freedom of Information Act 1989" 'Whether the Tribunal has jurisdiction or discretion to override the exemption and order release of the document' 'Proper construction of section 57 of the Freedom of Information Act 1989 regarding tribunal powers']

Ratio Decidendi

The document in question is a restricted and exempt document under clause 4(3)(b) of Schedule 1 to the FOI Act. On the material before the Tribunal, there are reasonable grounds for this claim due to its origin from the former Special Branch and the ongoing confidential relationship with the external agency supplying the disputed information. The Tribunal was not persuaded that the override discretion should be exercised to release the material, as disclosure would not be 'totally innocuous' and could adversely affect the external agency's cooperation. The legislative scheme gives special significance to restricted documents, and, while the Tribunal retains a narrow override discretion as...

Court Disposition

Decision under review affirmed

Orders

  • ['The decision under review is affirmed.']