Ainscough v Commissioner of Police [2021] NSWCATAD 106

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ainscough v Commissioner of Police [2021] NSWCATAD 106 Hearing dates: 21 April 2021 Date of orders: 30 April 2021 Decision date: 30 April 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof GD Walker, Senior Member Decision: (1) Decision under review affirmed. (2) 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. (3) Pursuant to s 64(1)(c) of the CAT Act, the publication of the Confidential Material and confidential exhibit CR3, or matters contained in the Confidential Material and confidential exhibit CR3 is prohibited. (4) Pursuant to s 64(1)(d) of the CAT Act, the disclosure of the Confidential Material and confidential exhibit CR3, or matters contained in the Confidential Material and confidential exhibit CR3, 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 proceedings, including confidential exhibit CR3 and any evidence given during the hearing, is prohibited, and the contents of all paragraphs in these reasons marked "[NOT FOR PUBLICATION]" are not to be published or released to the applicant.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 - police intelligence - confidentiality. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Cases Cited: AML v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5; Australian Broadcasting Tribunal v Bond [1990] HCA 35, (1990) 170 CLR 321; Briginshaw v Briginshaw (1938) 60 CLR 316; Bronze Wing International Pty Ltd v SafeWork New South Wales [2017] NSWCA 42; Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657; Commissioner of Police, New South Wales Police Force v EMB [2021] NSWCATAP 63; Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16; Cusumano v Commissioner of Police, New South Wales Police Service [2001] NSWADT 50; Director-General Transport New South Wales v AIC (GD) NSWADT [2011] NSWADT AP 65; Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; Hoffman v Commissioner of Police, New South Wales Police Service [2003] NSWADT 89; Hook v Commissioner of Police, New South Wales Police Force [2020] NSWCATAD 250; Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR 127; Jameson v Commissioner of Police, New South Wales Police Force [2019] NSWCATAD 25; Kocic v Commissioner of Police, New South Wales Police Force [2014] NSWCA 368; McDonald v Director-General, Social Services (1984) FCA 57, (1984) 1 FCR 354; Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97; Masterson v Commissioner of Police, New South Wales Police Force [2017] NSWCATAP 206; Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 1; Ryan v Commissioner of Police, New South Wales Police Force [2021] NSWCATAD 23; Smith v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 184; Sterjovski v Director-General, Department of Transport [2002] NSWADT 10; Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28; Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110. Category: Principal judgment Parties: Luke P Ainscough (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Hartmann Lawyers (Applicant) Maddocks Lawyers (Respondent) File Number(s): 2020/00358945 Publication restriction: See above.