Tukel v Commissioner of Police, NSW Police Force [2021] NSWCATAD 60

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tukel v Commissioner of Police, NSW Police Force [2021] NSWCATAD 60 Hearing dates: 9 February 2021; (Final submissions received 22 February 2021) Date of orders: 12 March 2021 Decision date: 12 March 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Frost, Senior Member Decision: (1) Pursuant to s 49 of the Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act), the hearing of this application, as well as the hearing of the application in the substantive proceedings, be conducted in the absence of the Applicant, the legal representatives of the Applicant, and the public, insofar as it relates to the Confidential Documents specified in the Confidential Affidavit. (2) Pursuant to s 59 of the Administrative Decisions Review Act 1997 (NSW), the Respondent not be required to lodge copies of the Confidential Documents specified in the Confidential Affidavit in support of the application and provided to the Tribunal in accordance with the orders of the Tribunal. (3) Pursuant to s 64(1)(c) of the NCAT Act, the publication of the Confidential Documents and the Confidential Affidavit, or matters contained in the Confidential Documents and the Confidential Affidavit, is prohibited. (4) Pursuant to s 64(1)(d) of the NCAT Act, the disclosure of the Confidential Documents and the Confidential Affidavit, or matters contained in the Confidential Documents and the Confidential Affidavit, to the Applicant and his legal representatives is prohibited. (5) Pursuant to ss 64(1)(b), 64(1)(c) and 64(1)(d) of the NCAT Act, the transcript and recording of the confidential hearing in this preliminary proceeding are not to be published or released to the Applicant, the legal representatives of the Applicant, or the public. Catchwords: ADMINISTRATIVE REVIEW – Firearms – Firearms prohibition order – Where applicant found to be not fit, in the public interest, to have possession of a firearm – Non-disclosure orders – Where non-disclosure orders made which prohibited disclosure of some evidence to applicant Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Administrative Decisions Review Act 1997 (NSW) Administrative Appeals Tribunal Act 1975 (Cth) Cases Cited: News Corporation Ltd v National Companies and Securities Commission [1984] FCA 400; 5 FCR 88 Fitzgibbon v Turnbull [2017] FCA 968; 162 ALD 87 Grant v Commissioner of Police [2020] NSWCATAD 158 CYL v YZA [2017] NSWCATAP 105 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69 Bellamy v Bellamy [2018] NSWSC 534 Texts Cited: None cited Category: Procedural rulings Parties: Fidel Tukel (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: P Tierney (Applicant) C Mantziaris (Respondent)