Metleg v Commissioner of Police [2021] NSWCATAD 358

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Metleg v Commissioner of Police [2021] NSWCATAD 358 Hearing dates: 29 October 2021 Date of orders: 02 December 2021 Decision date: 02 December 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: J Gatland, Senior Member Decision: 1. The respondent is not required to lodge with the Tribunal copies of the documents comprising the confidential material the subject of the respondent's application dated 1 September 2021 pursuant to the Administrative Decisions Review Act 1997 (NSW), s 59. 2. Disclosure to the Applicant or his legal representatives of the confidential material the subject of the respondent's application dated 1 September 2021 and the matters contained in that material is prohibited. 3. Publication of the confidential material the subject of the respondent's application dated 1 September 2021 and the matters contained in that material is prohibited. 4. Disclosure to the Applicant in these proceedings or his legal representatives of the confidential affidavit, filed by the respondent on 16 September 2021 and of matters contained in that affidavit is prohibited. 5. Publication of the confidential affidavit, filed by the respondent on 16 September 2021 and of matters contained in that affidavit is prohibited. 6. Pursuant to Civil and Administrative Tribunal Act 2013 (NSW), s 64(1)(c) and s 64(1)(d), the transcript and recording of the hearing of the interlocutory application on 29 October 2021 conducted in private in accordance with an order previously made pursuant to the Civil and Administrative Tribunal Act 2013 (NSW), s 49(2) are not to be published or released to the Applicant or the public. 7. Pursuant to Civil and Administrative Tribunal Act 2013, s 64(1)(c) and s 64(1)(d), the contents of all paragraphs in these Reasons marked "[NOT FOR PUBLICATION]" are not to be published or released to the Applicant or the public. Catchwords: PRACTICE AND PROCEDURE – lodgement of documents under the Administrative Decisions Tribunal Act 1997 (NSW), s 58; application for order that Commissioner of Police not be required to lodge documents relevant to the determination of the application for administrative review – whether appropriate to make orders not requiring the lodgement of those documents because of their confidential nature PROCEDURE – suppression orders – confidential nature of material –whether desirable to make orders under Civil and Administrative Tribunal Act 2013 (NSW), s 64 – extent of orders necessary Legislation Cited: Administrative Decisions Review Act, 1997, s 58 Civil and Administrative Tribunal Act 2013, s 49, s 64 Cases Cited: Bellamy v Bellamy [2018] NSWCA 534 CYL v YZA [2017] NSWCATAP 105 Grant v Commissioner of Police [2020] NSWCATAD 158 Mekhitarian v Commissioner of Police [2021] NSWCATAD 309 Pendrick v Commissioner of Police, NSW Police Force [2021] NSWCATAD 326 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69 Category: Procedural rulings Parties: Mustafa Metleg (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Applicant Self-represented Crown Solicitor (Respondent) File Number(s): 2021/00208284 Publication restriction: 1. Disclosure to the Applicant or his legal representatives of the confidential material the subject of the respondent's application dated 1 September 2021 and the matters contained in that material is prohibited.