Libdy v Commissioner of Police [2021] NSWCATAD 122

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Libdy v Commissioner of Police [2021] NSWCATAD 122 Hearing dates: 6 May 2021 Date of orders: 12 May 2021 Decision date: 12 May 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: (1) Pursuant to s. 49(2) of the Civil and Administrative Tribunal Act 2013 (CAT Act), part of the hearing of this Application be conducted in the absence of Mr Libdy (the Applicant) in the substantive proceedings, his legal representative, and the public (Private Hearing). (2) Pursuant to s. 59 of the Administrative Decisions Review Act 1997 (ADR Act), the Respondent not be required to lodge copies of the documents described in the confidential affidavit provided to the Tribunal by the Respondent (Confidential Documents). (3) Pursuant to s. 64(1)(c) of the CAT Act, the publication of (a) any evidence given during the Private Hearing, (b) the Confidential Documents and the Confidential Affidavit, and (c) matters contained in the Confidential Documents and the Confidential Affidavit, is prohibited. (4) Pursuant to s. 64(1)(d) of the CAT Act, the disclosure of (a) any evidence given during the Private Hearing, (b) the Confidential Documents and the Confidential Affidavit, (c) matters contained in the Confidential Documents and the Confidential Affidavit, and (d) the transcript and recording of the Private Hearing, is restricted to the Respondent, his legal representatives, and the Tribunal. (5) Pursuant to ss. 64(1)(b) and 64(1)(c) of the CAT Act, the publication and reporting of the Private Hearing, including any oral evidence given during the Private Hearing, is prohibited. Catchwords: Firearms Prohibition Order - confidentiality application Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: Addison v Commissioner of Police, NSW Police Force [2019] NSWCATAD 99 Appellant S214 of 2004 v The Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 66 Brennan v State of New South Wales [2006] NSWSC 167 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 Tukel v Commissioner of Police, NSW Police Force [2021] NSWCATAD 6 Texts Cited: None cited Category: Procedural rulings Parties: Kevin Libdy (Applicant) Commissioner of Police (Respondent) Representation: Counsel: C Parkin (Applicant)