NEW SOUTH WALES COURT ISSUES JUDGEMENT ON JESSICA JANE GALLAGHER V/S COMMISSIONER OF POLICE, NSW POLICE FORCE CASE

Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13:

1. In this matter, the Jessica Jane Gallagher (the Applicant) made an application for access to information (the GIPA request) to the Commissioner of Police, NSW Police Force (the Respondent) under the Government Information (Public Access) Act 2009 (NSW) (the GIPA Act). She sought access to information which included an internal Case Report.

The reviewable decision

2. On 7 June 2024, the respondent made a decision under s 58(1)(d) of the GIPA Act and refused to provide access to some of the information sought in the GIPA request, some of the information in the internal Case Report. That report was released to the applicant in a redacted format, but the other information sought in the GIPA request was released to her.

3. The Respondent made the redactions (the disputed information) pursuant to cll 3(a) and 3(b) of the Table to s 14(2) of the GIPA Act, as it decided that the public interest considerations against disclosure of the disputed information outweighed the public interest considerations in favour of its disclosure, and that there was an overriding public interest against disclosure.

Current proceedings

4. On 31 July 2024, the Applicant filed an application for administrative review of the decision dated 7 June 2024.

5. On 26 August 2024, Senior Member Ziegler conducted a case conference at which the Applicant was self-represented. The Senior Member ordered the Applicant to file and serve any evidence or submissions on or before 21 October 2024. She listed the matter for hearing on 26 November 2024. However, the applicant failed to comply with those orders.

6. The matter came before me for hearing on 26 November 2024. When the matter was called there was no appearance by or on behalf of the Applicant. Ms Sims appeared for the respondent.

7. The Tribunal attempted to contact the Applicant by telephone to ascertain the reason for her failure to appear at the hearing and to provide her with an opportunity to participate in the hearing by phone. However, the Tribunal was unable to reach her and the calls were met with a recorded message stating that the mobile telephone was switched off.

8. As the respondent had complied with the Tribunal's orders and was ready to proceed, the Tribunal determined that it was appropriate to proceed to determine the application for administrative review in the absence of the Applicant.

Respondent's case

9. Ms Sims stated that the issue for determination is whether cll 3(a) and 3(b) of s 14(2) to the GIPA Act apply to the disputed information. She stated that the Applicant made very serious criminal allegations against multiple individuals and some of those individuals were witnesses. There was no reason to believe that those individuals would consent to their personal information being disclosed to the public under the GIPA Act.

10. Ms Sims argued that in terms of balancing the public interest, the public interest considerations against disclosure of the disputed information outweighed the general public interest considerations under s 12 of the GIPA Act and the Applicant's personal factors of the GIPA request. Therefore, the correct and preferable decision is for the Tribunal to affirm the decision under review.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1976174d78ad7aa33fc7008d)

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