Magdy and Infinity Security Group Pty Ltd v Commissioner of Police, NSW Police Force [2022] NSWCATOD 172

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Magdy and Infinity Security Group Pty Ltd v Commissioner of Police, NSW Police Force [2022] NSWCATOD 172 Hearing dates: 26 October 2022 Date of orders: 26 October 2022 Decision date: 15 December 2022 Jurisdiction: Occupational Division Before: S Montgomery, Senior Member Decision: 1 Pursuant to section 49 of the Civil and Administrative Tribunal Act 2013, the hearing of this application is to be conducted in the absence of the Applicant, the legal representatives of the Applicant, and the public ("Private Hearing"). 2 Pursuant to section 59 of the Administrative Decisions Review Act 1997, the Respondent ('the Commissioner") is not required to lodge copies of the documents or parts of documents ("the Confidential Material") specified in the confidential statement in support of the application and provided to the Tribunal in accordance with the orders of the Tribunal ("the Confidential Statement") other than to the extent identified by the Tribunal. 3 Pursuant to section 64(1)(c) of the Civil and Administrative Tribunal Act 2013, the publication of the Confidential Material and the Confidential Statement, or matters contained in the Confidential Material and the Confidential Statement, is prohibited. 4 Pursuant to section 64(1)(d) of the Civil and Administrative Tribunal Act 2013, the disclosure of the Confidential Material and the Confidential Statement, or matters contained in the Confidential Material and the Confidential Statement, is restricted to the Commissioner, the legal representatives for the Commissioner and the Tribunal. 5 Pursuant to sections 64(1)(b) and 64(1)(c) of the Civil and Administrative Tribunal Act 2013, the publication and reporting of the hearing of this application, including any evidence given during the hearing, is prohibited. Catchwords: Administrative Law – confidentiality - application under section 59 Administrative Decisions Review Act 1997 - non-disclosure orders - prohibited disclosure of evidence to applicant – non-publication orders - principles of open justice and procedural fairness Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Security Industry Act 1997 Cases Cited: Bellamy v Bellamy [2018] NSWSC 534 at [30] Bettington v Commissioner of Police [2021] NSWCATAP 110 CYL v YZA [2017] NSWCATAP 105 Commissioner of Police, New South Wales v Gray (2009) 74 NSWLR 1 Grant v Commissioner of Police [2020] NSWCATAD 158 HT v The Queen [2019] HCA 40 Pendrick v Commissioner of Police, NSW Police Force (No 2) [2022] NSWCATAD 27 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69 Category: Procedural rulings Parties: Infinity Security Group Pty Ltd (First Applicant) Medehat Magdy (Second Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: P Knowles SC (Applicants)