Laughton v Commissioner of Police [2022] NSWCATAD 240

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Laughton v Commissioner of Police [2022] NSWCATAD 240 Hearing dates: 12 July 2022 Date of orders: 18 July 2022 Decision date: 18 July 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Decision: 1. Pursuant to s 49(2) of the Civil and Administrative Tribunal Act (NSW) 2013, the hearing of this application be conducted in the absence of the Applicant, the legal representative for the Applicant, and the public. 2. Pursuant to s 59 of the Administrative Decisions Review Act 1997, the Respondent is not required to lodge copies of the documents, omitting pages 17 to 23 ("the Confidential Documents"), described in the confidential statement provided to the Tribunal by the Commissioner ("the Confidential Statement"). 3. Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act (NSW) 2013, 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 Civil and Administrative Tribunal Act (NSW) 2013, 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 representative for the Commissioner and the Tribunal. 5. Pursuant to s 64(1)(b) and s 64(1)(c) of the Civil and Administrative Tribunal Act (NSW) 2013, the publication and reporting of the Private Hearing of this application, including any evidence given is prohibited. Catchwords: LICENSING – firearms - confidentiality application s 59 Administrative Decisions Review Act 1997 Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act (NSW) 2013 Firearms Act 1996 (NSW) Cases Cited: Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88 Bellamy v Bellamy [2018] NSWSC 534 Brennan v State of New South Wales [2006] NSWSC 167 Constantin v Commissioner of Police, NSW Police Force [2013] NSWADTAP 16 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69 DRJ v Commissioner of Victims Rights [2020] NSWCA 136 Grant v Commissioner of Police [2020] NSWCATAD 158 Misrachi v Public Guardian [2019] NSWCA 67 Pemberton v Commissioner of Police [2022] NSWCATAD 109 Category: Procedural rulings Parties: Donald Laughton (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Mainstone Lawyers (Applicant) Norton Rose Fulbright (Respondent) File Number(s): 2022/00070530 Publication restriction: 1. Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act (NSW) 2013, 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. 2. Pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act (NSW) 2013, 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 representative for the Commissioner and the Tribunal. 3. Pursuant to s 64(1)(b) and s 64(1)(c) of the Civil and Administrative Tribunal Act (NSW) 2013, the publication and reporting of the Private Hearing of this application, including any evidence given is prohibited.