Australia, July 25 -- New South Wales Land and Environment Court issued text of the following judgement on June 25:

1. The applicant, HCT, seeks administrative review of the decision of the Commissioner (the respondent) in relation to an application for access which was lodged by him with the respondent on 29 February 2024. The application seeks access to closed-circuit television footage (CCTV) of the entry and reception area of the Campsie Police Station for a two-hour period on 22 February 2024. The decision under review is the reconsidered decision made on 1 July 2024 on remittal from the Tribunal. There is no dispute that the applicant now only seeks access to copies of CCTV footage depicting him. The application was made pursuant to the Government Information (Public Access) Act 2009 (NSW) (the GIPA Act).

2. Confidentiality orders were made under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act) to preserve the confidentiality of evidence provided by one of the respondent's witnesses. Confidentiality orders were also made in relation to the disputed CCTV footage. Accordingly, confidential evidence has not been published in these reasons but has been included in the confidential reasons provided to the respondent.

3. Additional CCTV footage that would have responded to the applicant's request was overwritten in error, without first being saved or copied, pending the applicant's application. As such, this footage was not held by the respondent at the time of the reconsidered decision on 1 July 2024 or at the time of the hearing. I accept that this CCTV footage is no longer held by the respondent for the reasons later outlined, however, note that this issue raises concern about the procedures adopted by the respondent in this case in identifying and processing the access applications for CCTV footage at a police station. I have considered this aspect later in these reasons.

4. The remaining CCTV footage is available but the respondent objects to providing the applicant with a copy of the CCTV footage in the form requested, namely by email, CD or USB, on the grounds that there is an overriding public interest against disclosure. The respondent relies on law enforcement and security grounds and submits that if access is provided, the applicant should be provided with view only access. The applicant submits that he wants a copy of the CCTV footage to provide to lawyers so he can obtain advice on proceedings he is considering against New South Wales Police and/the State of New South Wales.

5. I have decided to affirm the implied decision that the additional CCTV footage is not held, vary the decision to provide view only access to part of the CCTV footage that responds to the access request and otherwise refusal to provide access to the balance of the CCTV footage that does not depict the applicant. I have also decided to make an order that the applicant's name should not be disclosed. My reasons follow.

Background

6. By application made on 29 February 2024, HCT requested access to the following:

Copy of all closed-circuit television footage CCTV of the entry and reception area of Campsie Police Station (58 Campsie St Campsie NSW)

All footage for 22 February 2024 between 2:30am and 4:30am.

Showing inside the Police Station reception and outside entry to the reception area.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1978ab7ccf6e38dc0fcf5f03)

Disclaimer: Curated by HT Syndication.