Elley v Commissioner of Police, NSW Police Force [2023] NSWCATAP 237

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Elley v Commissioner of Police, NSW Police Force [2023] NSWCATAP 237 Hearing dates: 31 March 2023 and 2 May 2023 Date of orders: 25 August 2023 Decision date: 25 August 2023 Jurisdiction: Appeal Panel Before: Hennessy ADCJ, Deputy President A Boxall, Senior Member Decision: 1. Leave is refused to appeal on grounds other than a question of law. 2. The appeal is dismissed. 3. Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication of the Confidential Material and confidential exhibit CR2, or matters contained in the Confidential Material and confidential exhibit CR2, is prohibited. 4. Pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the Confidential Material and confidential exhibit CR2, or matters contained in the Confidential Material and confidential exhibit CR2 is restricted to the Respondent, the legal representatives for the Respondent and the Tribunal. 5. Pursuant to ss 64(1)(b), 64(1)(c) and 64(1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication and recording of the confidential hearing of these proceedings, including confidential exhibit CR2, is prohibited and the contents of all paragraphs in these reasons marked "[NOT FOR PUBLICATION]" are not to be published or disclosed to anyone except the Respondent and the legal representatives for the Respondent. Catchwords: APPEAL – administrative review - firearms – revocation of firearm licence – non-disclosure orders – where non-disclosure orders made which prohibited disclosure of some evidence to applicant – principles of open justice and procedural fairness –approach to dealing with confidential evidence which has not been disclosed to the applicant – error on a question of law – adequacy of reasons Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Firearms Act 1996 (NSW) Cases Cited: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Collins v Urban [2014] NSWCATAP 17 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 ; 73 ALD 321; [2003] HCA 26 Grant v Commissioner of Police, New South Wales Police Force [2020] NSWCATAD 158 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32; 241 CLR 390 Meacham v Commissioner of Police [2020] NSWCATAP 107 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 219 ALR 27 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Pochi v Minister for Immigration and Ethnic Affairs, (1979) 36 FLR 482 Public Service Board of NSW v Osmond (1986) 159 CLR 656 R v War Pensions Entitlement Appeal Tribunal; Ex parte Bott (1933) 50 CLR 228 Starr v Johnston [2023] NSWCATAP 190 Texts Cited: None cited Category: Principal judgment Parties: Donald Elley (Appellant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: R Graycar (Appellant) Solicitors: Sparke Helmore Lawyers (Respondent) File Number(s): 2022/00363775 Publication restriction: See above. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2022] NSWCATAD 351 Date of Decision: 4 November 2022 Before: Emeritus Prof G D Walker, Senior Member File Number(s): 2022/00181745