Holmes v Commissioner of Police, NSW Police Force [2024] NSWCATAD 41

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Holmes v Commissioner of Police, NSW Police Force [2024] NSWCATAD 41 Hearing dates: 22 January 2024 Date of orders: 20 February 2024 Decision date: 20 February 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member Decision: 1 For abundant caution the time within which the respondent is to lodge her application under s 59 of the Administrative Decisions Review Act 1997 (NSW) is extended to 29 November 2023 ('the s 59 application'). 2 Pursuant to s 59 of the Administrative Decisions Review Act 1997 (NSW), the respondent is not required to lodge with the Tribunal an unredacted copy of the confidential documents containing the confidential material the subject of the respondent's s 59 application dated 29 November 2023. 3 Order 2 made on 22 January 2024 is substituted by the following order: Pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of (a) any evidence given during the Private (Confidential) Hearing on 22 January 2024; (b) the unredacted copy of the confidential documents containing the confidential material the subject of the respondent's s 59 application dated 29 November 2023; (c) the confidential affidavit provided to the Tribunal in confidence by the respondent in support of the respondent's s 59 application, and (d) matters contained in the unredacted copy of the confidential documents containing the confidential material and the confidential affidavit provided to the Tribunal in confidence by the respondent in support of the respondent's s 59 application is restricted to the respondent and the legal representative of the respondent and the Tribunal. 4 Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication of (a) any evidence given during the Private (Confidential) Hearing on 22 January 2024, (b) the unredacted copy of the confidential documents containing the confidential material the subject of the respondent's s 59 application dated 29 November 2023; (c) the confidential affidavit provided to the Tribunal in confidence by the respondent in support of the respondent's s 59 application, and (d) matters contained in the unredacted copy of the confidential documents containing the confidential material and the confidential affidavit provided to the Tribunal in confidence by the respondent in support of the respondent's s 59 application is prohibited. Catchwords: ADMINISTRATIVE LAW – application by the respondent administrator for an order under s 59 of the Administrative Decisions Review Act 1997 (NSW) – order sought in respect of an unredacted copy of documents that contain confidential material in circumstances where, if an application were made, it would be appropriate to make an order under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting or restricting the publication or disclosure of evidence of those documents ADMINISTRATIV LAW – application for non-publication and non-disclosure orders under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) Legislation Cited: Administrative Decisions Review Act 1997 (NSW) ss 58 and 59 Civil and Administrative Tribunal Act 2013 (NSW) ss 41 and 64 Civil and Administrative Tribunal Rules 2014 (NSW) r 24 Firearms Act 1996 (NSW) Cases Cited: Holmes v Commissioner of Police, NSW Police Force [2021] NSWCATAD 71 Commissioner of Police, NSW Police Force v Holmes [2021] NSWCATAP 202 Pendrick v Commissioner of Police, NSW Police Force (No 2) [2022] NSWCATAD 27 Pollard v Commissioner of Police, NSW Police Force [2021] NSWCATAD 227 Category: Procedural rulings Parties: David Andrew Holmes (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Applicant (self-represented) Crown Solicitor (Respondent) File Number(s): 2023/00316872 Publication restriction: Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication of (a) any evidence given during the Private (Confidential) Hearing on 22 January 2024, (b) the unredacted copy of the confidential documents containing the confidential material the subject of the respondent's s 59 application dated 29 November 2023; (c) the confidential affidavit provided to the Tribunal in confidence by the respondent in support of the respondent's s 59 application, and (d) matters contained in the unredacted copy of the confidential documents containing the confidential material and the confidential affidavit provided to the Tribunal in confidence by the respondent in support of the respondent's s 59 application is prohibited.