Dattilo v Commissioner of Police [2021] NSWCATAD 349

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dattilo v Commissioner of Police [2021] NSWCATAD 349 Hearing dates: 2 November 2021 Date of orders: 19 November 2021 Decision date: 19 November 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: J D Little, Senior Member Decision: (1) I set aside orders 2 and 3 made on 2 November 2021. (2) I confirm orders 4 and 5 made on 2 November 2021. (3) Pursuant to s 59 of the Administrative Decisions Review Act 1997 (NSW), copies of the documents comprising the Confidential Material (which were the subject of the Respondent's application heard on 2 November 2021), are not required to be lodged with the Tribunal. (4) Pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013, disclosure of the Confidential Statement dated 19 October 2021 and the Closed Submissions dated 19 October 2021, and of matters contained in that Statement or in those Submissions, is restricted to the Respondent, the legal representatives for the Respondent and the Tribunal. (5) Pursuant to s64(1)(b) and s 64(1)(c) of the Civil and Administrative Tribunal Act 2013, the publication and reporting of the interlocutory hearing of 2 November 2021 is prohibited. (6) Pursuant to s64(1)(c) of the Civil and Administrative Tribunal Act 2013, publication of the Confidential Material (which was the subject of the Respondent's application heard on 2 November 2021), and of matters contained in that material, is prohibited pending further order. (7) Pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013, disclosure of Confidential Material (which was the subject of the Respondent's application heard on 2 November 2021), and of matters contained in that material, is restricted to the Respondent, the legal representatives for the Respondent and the Tribunal, pending further order (8) Except pursuant to order (9) below, all paragraphs marked "[Not for publication]" are not to be published pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013. (9) A copy of these reasons, without redaction, shall be released to the Respondent. (10) The Respondent's application heard on 2 November 2021 is otherwise dismissed. Catchwords: NON-DISCLOSURE – firearms – confidential documents – s 59 of the Administrative Decisions Review Act 1997 Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Act 2013 (NSW) Firearms Act 1996 (NSW) Cases Cited: Ainscough v Commissioner of Police, NSW Police Force [2021] NSWADT 47 Bellamy v Bellamy [2018] NSWSC 534 Grant v Commissioner of Police [2020] NSWCATAD 158 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69 Category: Procedural rulings Parties: Giovanni Dattilo (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Hartman & Associates (Applicant) Bartier Perry (Respondent) File Number(s): 2021/00220961 Publication restriction: (1) Pursuant to s 59 of the Administrative Decisions Review Act 1997 (NSW), copies of the documents comprising the Confidential Material (which were the subject of the Respondent's application heard on 2 November 2021), are not required to be lodged with the Tribunal.