Pollard v Commissioner of Police, NSW Police Force [2021] NSWCATAD 227

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pollard v Commissioner of Police, NSW Police Force [2021] NSWCATAD 227 Hearing dates: On the papers Date of orders: 09 August 2021 Decision date: 09 August 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: 1. The time for the applicant to lodge his application to the Tribunal for administrative review of the respondent's decision to revoke his firearms licence is extended to 3 June 2021. 2. Disclosure to the applicant of the respondent's confidential submissions, the confidential statement of Nigel Turney and the information report filed in accordance with Order 5 made on 29 June 2021, is prohibited, pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW). 3. Publication of the respondent's confidential submissions, the confidential statement of Nigel Turney and the information report filed in accordance with Order 5 made on 29 June 2021, is prohibited, pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW). 4. The respondent's application under s 59 of the Administrative Decisions Review Act 1997 (NSW) is to be determined at the hearing on 19 August 2021. Catchwords: ADMINISTRATIVE LAW – Where respondent applied for order under s 59 of the Administrative Decisions Review Act 1997 that it not be required to lodge a confidential document - Where respondent also applied for non-publication and non-disclosure orders – Where it appeared that respondent wanted to rely upon the confidential document but not to disclose it to applicant – Whether application for order under s 59 misconceived – Where document could reveal a confidential source of information EXTENSION OF TIME – Where respondent did not conduct an internal review in the four months following the internal review application - Where applicant lodged application to Tribunal out of time in absence of internal review report – Where respondent did not object to extension of time Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Firearms Act 1996 (NSW) Cases Cited: Grant v Commissioner of Police [2020] NSWCATAD 158 Witness v Marsden (2000) 49 NSWLR 429 Category: Consequential orders Parties: Howard Pollard (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Tankard's Law (Applicant) Maddocks Lawyers (Respondent) File Number(s): 2021/00159311 Publication restriction: Non-publication orders have been made in respect of certain confidential material pursuant to s 64(1)(c) and (d) of the Civil and Administrative Tribunal Act 2013 (NSW).