The NSW ADT has not published a decision so far on a review application under the GIPA act that commenced in July 2010. The Information Commissioner has a right that may be unique in Australian law to appear and be heard in such cases.
"The line of cases considering whether such a "tilt" or "lean" inferred in the previous FOI act are of no relevance to the construction or application of the GIPA act. In cases where the balance between considerations in favour and considerations against disclosure are close, this "tilt" will tip the balance in favour of disclosure..
"..to the extent that personal characteristics are relied on to refuse disclosure they are relevant if and only to the extent that they tend to establish the public interest considerations against disclosure set out in Clauses 2-5 (but not 1,6 or 7) of the table to section 14....There is no express limitation on the type or relevance of personal characteristics in relation to considerations in favour of disclosure. Therefore personal characteristics may in certain circumstances "carry the day" in their own right.