Bettington v Commissioner of Police [2020] NSWCATAD 303

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bettington v Commissioner of Police [2020] NSWCATAD 303 Hearing dates: 1 December 2020 Date of orders: 10 December 2020 Decision date: 10 December 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: (1) Pursuant to s 49 of the Civil and Administrative Tribunal Act 2013 (CAT Act), the hearing of the application in the substantive proceedings be conducted in the absence of the Applicant, the legal representative for the Applicant in the substantive proceedings, and the public, insofar as it relates to the Confidential Material described in the Confidential Affidavit; (2) Pursuant to s 59 of the ADR Act, the Respondent not be required to lodge copies of the documents or parts of documents (the Confidential Material) specified in the confidential affidavit in support of the application and provided to the Tribunal in accordance with the Orders of the Tribunal (the Confidential Affidavit); (3) Pursuant to s 64(1)(c) of the CAT Act, the publication of the Confidential Material and the Confidential Affidavit, or matters contained in the Confidential Material and the Confidential Affidavit is prohibited; (4) Pursuant to s 64(1)(d) of the CAT Act, the disclosure of the Confidential Material and the Confidential Affidavit, or matters contained in the Confidential Material or Confidential Affidavit it is restricted to the Commissioner, the legal representatives for the Commissioner and the Tribunal. (5) In addition to the Orders set out above, pursuant to ss 64(1)(b), 64(1)(c) and 64(1)(d) of the CAT Act, the transcript and recording of the confidential hearing in these preliminary proceedings and the contents of all paragraphs in these Reasons marked "[Not for publication]" are not to be published or released to the Applicant or the public. Catchwords: LICENSING – firearms - confidentiality Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: Appellant S214 of 2004 v The Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 66 Bungree Aboriginal Association Limited v NSW Registrar of Community Housing [2019] NSWCATAD 61 Cain v Glass (No 2) (1985) 3 NSWLR 230, at 247-248 CYL v YZA [2017] NSWCATAP 105 Fisher v NSW Police [2002] NSWADT 267 Grant v Commissioner of Police [2020] NSWCATAD 158 Ibrahim v Commissioner of Police, New South Wales Police Force [2019] NSWCATAD 41 McCausland v State of NSW [2010] NSWSC 1562 Sankey v Whitlam (1978) 142 CLR 1 Simring v Commissioner of Police [2009] NSWSC 270 State of New South Wales (Justice Health) and anor v Dezfouli [2008] NSWADTAP 69 Texts Cited: None cited Category: Procedural and other rulings Parties: Ann Bettington (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: P King (Applicant)