Vitale v Commissioner of Police [2022] NSWCATAD 90

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vitale v Commissioner of Police [2022] NSWCATAD 90 Hearing dates: 3 February 2022 Date of orders: 16 March 2022 Decision date: 16 March 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: (1) Pursuant to s 49 of the CAT Act, the hearing of the Application in the substantive matter insofar as it relates to the Confidential Documents described in the Confidential Affidavit be conducted in the absence of the Applicant, the legal representative for the Applicant, and the public (Private Hearing); (2) Pursuant to s 59 of the ADR Act, the Commissioner is not required to lodge copies of the Confidential Documents described in the Confidential Affidavit; (3) Pursuant to s 64(1)(c) of the CAT Act, the publication of (i) any evidence given during the Private Hearing, (ii) the Confidential Documents and the Confidential Affidavit and (iii) 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 (i) any evidence given during the Private Hearing, (ii) the Confidential Documents and the Confidential Affidavit and (iii) matters contained in the Confidential Documents and the Confidential Affidavit, is restricted to the Commissioner, the legal representatives for the Commissioner and the Tribunal; (5) Pursuant to ss 64(1)(b), 64(1)(c) and 64(1)(d) of the CAT Act, the publication and reporting of the hearing of this Application, including any evidence given during the confidential hearing part of the hearing, is prohibited. (6) In addition to the Orders set out above, pursuant to ss 64(1)(c) and (d) of the CAT Act, the transcript and recording of the confidential hearing in these interlocutory proceedings and the contents of all paragraphs in these Reasons marked "[Not for publication]" are not to be published or released to the Applicant or the public.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: LICENSING – firearms - confidentiality Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: Appellant S214 of 2004 v The Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 66 Brennan v State of New South Wales [2006] NSWSC 167 Bungree Aboriginal Association Limited v NSW Registrar of Community Housing [2019] NSWCATAD 61 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 Grant v Commissioner of Police [2020] NSWCATAD 158 Ibrahim v Commissioner of Police, New South Wales Police Force [2019] NSWCATAD 41 McCausland v State of NSW [2010] NSWSC 1562 Sankey v Whitlam (1978) 142 CLR 1 Simring v Commissioner of Police [2009] NSWSC 270 State of New South Wales (Justice Health) and anor v Dezfouli [2008] NSWADTAP 69 Category: Procedural rulings Parties: Steven Vitale (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: