Pittorino v Commissioner of Police [2021] NSWCATAD 350

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pittorino v Commissioner of Police [2021] NSWCATAD 350 Hearing dates: 27 October 2021 Date of orders: 22 November 2021 Decision date: 22 November 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Dunn, Senior Member Decision: 1. On or before 23 November 2021, the Respondent lodge with the Tribunal under s 58 of the Administrative Decisions Review Act 1997 (NSW) (ADR Act) and serve on the Applicant, a copy of the document which was lodged with the Tribunal on 28 October 2021 on a confidential basis marked with proposed redactions, redacted in accordance with the redactions proposed (the redacted document). 2. Pursuant to s 59 of the ADR Act the Respondent is not required to lodge copies of the documents specified in the Confidential Statement provided to the Tribunal in support of the application, other than the redacted document. 3. Pursuant to s 64(1)(d) of the NCAT Act, the disclosure of the Confidential Statement and the Confidential Submissions or matters contained in the Confidential Statement and the Confidential Submissions is restricted to the Respondent, the legal representatives for the Respondent and the Tribunal. 4. Pursuant to s 64(1)(c) of the NCAT Act the publication of the Confidential Statement and the Confidential Submissions or matters contained in the Confidential Statement and the Confidential Submissions is prohibited. 5.Pursuant to s 64(1)(b) of the NCAT Act the publication of the transcript and record of that part of the hearing of this application that was conducted in private is prohibited. 6.Pursuant to s 64(1)(d) the disclosure of the transcript and record of that part of the hearing of this application that was conducted in private is restricted to the Respondent, the legal representatives for the Respondent and the Tribunal. 7.Pursuant to s 64(1)(d) of the NCAT Act, the disclosure of the documents specified in the Confidential Statement, other than the redacted document, and the aspects of the redacted document which are redacted (Confidential Material) or matters contained in the Confidential Material is restricted to the Respondent, the legal representatives for the Respondent and the Tribunal, until further order. 8.Pursuant to s 64(1)(c) of the NCAT Act the publication of the Confidential Material is prohibited, until further order. 9.Pursuant to ss 64(1)(b) and 64(1)(d) of the NCAT Act, the contents of all paragraphs in these reasons marked "[NOT FOR PUBLICATION]" are not to be published or disclosed to the Applicant or the public. 10.The proceedings be listed for directions on 30 November 2021 at 10.30am at John Maddison Tower, Level 10, 86-90 Goulburn Street Sydney, NSW. Catchwords: LICENSING - application for firearms licence – confidentiality application Legislation Cited: Administrative Decisions Review Act 1997 (NSW) – ss 53(9), 59 Civil and Administrative Tribunal Act 2013 (NSW) – ss 49(2), 64(1)(b), (c) and (d) Firearms Act 1996 (NSW) – s 11 Cases Cited: Brennan v State of New South Wales [2006] NSWSC 167 Bungree Aboriginal Association Limited v NSW Registrar of Community Housing [2019] NSWCATAD 61 CYL v YZA [2017] NSWCATAP 105 Fisher v NSW Police [2002] NSWADT 267 Grant v Commissioner of Police, New South Wales Police Force [2020] NSWCATAD 158 Hassall v Commissioner of Police [2021] NSWCATAD 101 Himo v Commissioner of Police [2021] NSWCATAD 191 Lidby v Commissioner of Police [2021] NSWCATAD 122 Registrar of Community Housing [2019] NSWCATAD 61 Simring v Commissioner of Police [2009] NSWSC 270 Sobh v Commissioner of Police [2021] NSWCATAD 260 State of New South Wales (Justice Health) v Dezfouli [2018] NSWADTAP 69 Zreika v Commissioner of Police [2020] NSWCATAD 202 Category: Procedural rulings Parties: Robert Bartolo Pittorino (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant: self-represented Maddocks Lawyers (Respondent) File Number(s): 2021/226550 Publication restriction: 1. Pursuant to s 64(1)(d) of the NCAT Act, the disclosure of the Confidential Statement and the Confidential Submissions or matters contained in the Confidential Statement and the Confidential Submissions is restricted to the Respondent, the legal representatives for the Respondent and the Tribunal.