Marshall v Commissioner of Police [2020] NSWCATAD 123

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Marshall v Commissioner of Police [2020] NSWCATAD 123 Hearing dates: 1 May 2020 Date of orders: 05 May 2020 Decision date: 05 May 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: L Pearson, Principal Member Decision: (1) Pursuant to s 59 of the Administrative Decisions Review Act 1997 the respondent Commissioner is not required to lodge copies of the documents (the Confidential Material) specified in the confidential statement provided in support of the application and provided to the Tribunal (the Confidential Statement), as identified in paragraph 7 of the Confidential Statement, other than the document referred to in paragraph 7(b). (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 and the Confidential Statement, or matters contained in the Confidential Material and the Confidential Statement, 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 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. (4) Pursuant to s 64(1)(b) and s 64(1)(c) of the Civil and Administrative Tribunal Act 2013, publication and reporting of the hearing of this application including any evidence given during the hearing, and publication of those paragraphs of these reasons identified as [Not for publication] is prohibited. Catchwords: PRACTICE AND PROCEDURE – application for administrative review – lodgement of documents under s 58 of the Administrative Decisions Review Act 1997 – whether order should be made that administrator not be required to lodge documents Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Cases Cited: None cited Texts Cited: None cited Category: Procedural and other rulings Parties: David Marshall (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Applicant (Self Represented) Maddocks Lawyers (Respondent) File Number(s): 2020/00094290 Publication restriction: Pursuant to s 64(1)(b) and s 64(1)(c) of the Civil and Administrative Tribunal Act 2013, publication and reporting of the hearing of this application including any evidence given during the hearing, and publication of those paragraphs of these reasons identified as [Not for publication] is prohibited.