Borg v Commissioner of Police, NSW Police Force [2025] NSWCATOD 25

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Borg v Commissioner of Police, NSW Police Force [2025] NSWCATOD 25 Hearing dates: 12 February 2025 Date of orders: 10 March 2025 Decision date: 10 March 2025 Jurisdiction: Occupational Division Before: K Ransome, Principal Member Decision: (1) Pursuant to s 49 of the Civil and Administrative Tribunal Act 2013 the hearing of this application, insofar as it relates to the content of the Confidential Material filed by the respondent and the Confidential Statement of Senior Assessment Officer Richard Esho, be conducted in the absence of the applicant and the public. (2) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013, until further order of the Tribunal, the publication of the Confidential Material filed by the respondent and the Confidential Statement of Senior Assessment Officer Richard Esho or matters contained in the Confidential Material filed by the respondent and the Confidential Statement of Senior Assessment Officer Richard Esho is prohibited. (3) Pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013, until further order of the Tribunal, the disclosure of the Confidential Material filed by the respondent and the Confidential Statement of Senior Assessment Officer Richard Esho or matters contained in the Confidential Material filed by the respondent and the Confidential Statement of Senior Assessment Officer Richard Esho is restricted to the respondent, the respondent's legal representatives and the Tribunal. (4) Pursuant to ss 64(1)(b) and 64(1)(c) of the Civil and Administrative Tribunal Act 2013, until further order of the Tribunal, the publication or reporting of the hearing of this application, including any evidence given in the hearing, is prohibited. Catchwords: ADMINISTRATIVE LAW – administrative review – revocation of security licence – interlocutory application – administrator's obligation to file material with the Tribunal – 29(3) Security Industry Act 1997 – meaning of criminal intelligence report or other criminal information – restrictions on disclosure – what orders are necessary to prevent disclosure Legislation Cited: Administrative Decisions Review Act 1997 Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Security Industry Act 1997 Security Industry Amendment Act 2017 Cases Cited: AVS Group Australia Pty Ltd v Commissioner of Police (No 2) [2014] NSWCATAP 53 AVS Group Australian v Commissioner of Police [2012] NSWADT 1 AVS Group of Companies Pty Ltd v Commissioner of Police (2010) 78 NSWLR 302; [2010] NSWCA 81 Commissioner of Police New South Wales v Gray (2009) 74 NSWLR 1; [2009] NSWCA 49 Commissioner of Police v Sleiman & AVS Group of Companies Pty Ltd (2011) 78 NSWLR 340; [2011] NSWCA 21 Texts Cited: Nil Category: Procedural rulings Parties: Troy Borg (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: R Coffey (Respondent)