Goulton v Commissioner of Police [2022] NSWCATAD 68

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Goulton v Commissioner of Police [2022] NSWCATAD 68 Hearing dates: 17 September 2021 Date of orders: 1 March 2022 Decision date: 01 March 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: NS Isenberg RFD, Senior Member Decision: 1 Pursuant to s. 49 of the Civil and Administrative Tribunal Act 2013 (NSW) (CAT Act), the hearing of this application, as well as the hearing in the substantive proceedings, be conducted in the absence of the Applicant, the legal representatives of the Applicant, and the public insofar as it relates to the Confidential Documents specified in the Confidential Affidavit 2 Pursuant to s. 59 of the Administrative Decisions Review Act 1997 (NSW), the Respondent is not required to lodge copies of the Confidential Documents specified in the Confidential Affidavit in support of the application and provided to the Tribunal in accordance with the orders of the Tribunal. 3 Pursuant to s. 64(1)(c) of the CAT Act, the publication of the Confidential Documents and the Confidential Affidavit, or 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 the Confidential Documents and the Confidential Affidavit, or matters contained in the Confidential Documents or the Confidential Affidavit, to the Applicant or his legal representatives is prohibited. 5 Pursuant to ss. 64(1)(b), 64(1)(c) and 64(1)(d) of the CAT Act, the transcript and recording of the confidential hearing in this preliminary proceeding are not to be published or released to the Applicant, the legal representatives of the Applicant, or the public. Catchwords: FIREARMS PROHIBITION ORDER - confidentiality application. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Administrative Decisions Tribunal Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Cases Cited: Brennan v State of New South Wales [2006] NSWSC 167 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 McCausland v State of NSW [2010] NSWSC 1562 Simring v Commissioner of Police [2009] NSWSC 270 State of New South Wales (Justice Health) and anor v Dezfouli [2008] NSWADTAP 69 Texts Cited: Nil Category: Procedural rulings Parties: Ricco Santony Goulton (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: D McMahon (Applicant)