Ainscough v Commissioner of Police, New South Wales Police Force [2021] NSWCATAD 47

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ainscough v Commissioner of Police, New South Wales Police Force [2021] NSWCATAD 47 Hearing dates: 26 February 2021 Date of orders: 3 March 2021 Decision date: 03 March 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof GD Walker, 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 in the substantive proceedings, the legal representatives for the applicant in the substantive proceedings, and the public, insofar as it relates to the Confidential Material described in the Confidential Statement. 2. Pursuant to s 59 of the Administrative Decisions Review Act 1997, the respondent ("the Commissioner") not be required to lodge copies of the documents or parts of documents ("the Confidential Material") specified in the Confidential Statement in support of the application and provided to the tribunal in accordance with the orders of the tribunal (confidential exhibit CR2). 3. Pursuant to s 64(1)(c) of the CAT Act, the publication of the Confidential Material and confidential exhibit CR2, or matters contained in the Confidential Material and confidential exhibit CR2 is prohibited. 4. Pursuant to s 64(1)(d) of the CAT Act, the disclosure of the Confidential Material and confidential exhibit CR2, or matters contained in the Confidential Material and confidential exhibit CR2, is restricted to the Commissioner, the legal representatives for the Commissioner and the tribunal. 5. Pursuant to ss 64(1)(b), 64(1)(c) and 64(1)(d) of the CAT Act, the publication and recording of the confidential hearing of these preliminary proceedings, including confidential exhibit CR2 and any evidence given during the hearing, is prohibited, and the contents of all paragraphs in these reasons marked "[Not for publication]" are not to be published or released to the applicant. Catchwords: LICENSING – firearms – licence refusal – confidentiality. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Cases Cited: Bungree Aboriginal Association Ltd v New South Wales Registrar of Community Housing [2019] NSWCATAD 61; CYL v YZA [2017] NSWCATAP 105; Grant v Commissioner of Police, New South Wales Police Force [2020] NSWCATAD 158, [24]; Ibrahim v Commissioner of Police, New South Wales Police Force [2019] NSWCATAD 41; Simring v Commissioner of Police [2009] NSWSC 270; State of New South Wales (Justice Health) v Dezfouli [2018] NSWADTAP 69. Category: Procedural rulings Parties: Luke P Ainscough (Applicant)