Manning v Commissioner of Police, New South Wales Police Force [2020] NSWCATAD 9

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Manning v Commissioner of Police, New South Wales Police Force [2020] NSWCATAD 9 Hearing dates: 17 December 2019 Date of orders: 08 January 2020 Decision date: 08 January 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof GD Walker, Senior Member Decision: (1) Pursuant to s 49 of the Civil and Administrative Tribunal Act 2013 (CAT Act), the hearing of this application be conducted in the absence of the applicant in the substantive proceedings, the legal representatives for the applicant in the substantive proceedings, and the public.

(2) Pursuant to s 59 of the Administrative Decisions Review Act 1997, the respondent ("the Commissioner") not be required to lodge copies of the documents or parts of documents ("the Confidential Material") specified in the confidential affidavit in support of the application and provided to the tribunal in accordance with the orders of the tribunal ("the Confidential Affidavit").

(3) Pursuant to s 64(1)(c) of the CAT Act, the publication of the Confidential Material and the Confidential Affidavit, or matters contained in the Confidential Material and the Confidential Affidavit, is prohibited.

(4) Pursuant to s 64(1)(d) of the CAT Act, the disclosure of the Confidential Material and the Confidential Affidavit, or matters contained in the Confidential Material and the Confidential Affidavit, is restricted to the Commissioner, the legal representatives for the Commissioner and the tribunal.

(5) Pursuant to ss 64(1)(b) and 64(1)(c) of the CAT Act, the publication and recording of the hearing of this application, including any evidence given during the hearing, is prohibited. Catchwords: LICENSING – firearms - confidentiality. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Review Act 2013 (NSW) Firearms Act 1996 (NSW) Cases Cited: CYL v YZA [2017] NSWCATAP 105; Ibrahim v Commissioner of Police, New South Wales Police Force [2019] NSWCATAD 41. Category: Procedural and other rulings Parties: Terrence Manning (Applicant) Commissioner of Police, New South Wales Police Force (Respondent) Representation: Solicitors: Maddocks Lawyers (Respondent) File Number(s): 2019/00320925 Publication restriction: In addition to the orders set out above, pursuant to ss 64(1)(c) and (d) of the CAT Act, the transcript and recording of the confidential hearing, confidential exhibits CR 2 and CR3 and the contents of all paragraphs in these reasons marked "[Not for publication]" are not to be published or released to the applicant.