Pemberton v Commissioner of Police [2022] NSWCATAD 109

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pemberton v Commissioner of Police [2022] NSWCATAD 109 Hearing dates: 28 March 2022 Date of orders: 01 April 2022 Decision date: 01 April 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: (1) Pursuant to s 49 of the Civil and Administrative Tribunal Act 2013 (CAT Act), the hearing of the substantive application be conducted, insofar as it relates to the Confidential Documents or Confidential Evidence, in the absence of the Applicant, any legal representative for the Applicant in the substantive proceedings, and the public (Private Hearing). (2) Pursuant to s 59 of the Administrative Decisions Review Act 1997 (ADR Act), the Respondent (the Commissioner) not be required to lodge copies of the documents (the Confidential Documents) specified in the Confidential Statement in support of the application and provided to the Tribunal by the Commissioner (the Confidential Statement). (3) Pursuant to s 64(1)(c) of the CAT Act, the publication of: (a) any evidence given during the Private Hearing, (b) the Confidential Documents and the Confidential Statement and (c) matters contained in the Confidential Documents and the Confidential Statement, is prohibited. (4) Pursuant to s 64(1)(d) of the CAT Act, the disclosure of: (a) any evidence given during the Private Hearing, (b) the Confidential Documents and the Confidential Statement and (c) matters contained in the Confidential Documents and the Confidential Statement is restricted to the Commissioner, the legal representatives for the Commissioner and the Tribunal. (5) Pursuant to ss 64(1)(b) and 64(1)(c) of the CAT Act, the publication and reporting of the Private Hearing of this application, including any oral evidence given during the Private Hearing, is prohibited. Catchwords: LICENSING – firearms - confidentiality Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Cases Cited: Appellant S214 of 2004 v The Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 66 Bettington v Commissioner of Police [2020] NSWCATAD 303 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 Pendrick v Commissioner of Police, NSW Police Force (No 2) [2022] NSWCATAD 27 Sankey v Whitlam [1978] HCA 43; (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: Raymond Pemberton (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant self-represented Lindsay Taylor Lawyers (Respondent) File Number(s): 2021/335452 Publication restriction: 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.