Marshall v Commissioner of Police - [2020] NSWCATAD 123

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Civil and Administrative Tribunal

New South Wales

Amendment notes

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including any evidence given during the hearing, and publication of those paragraphs of these reasons identified as [Not for publication] is prohibited.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.

REASONS FOR DECISION

The applicant Mr David Marshall has applied for administrative review under the Administrative Decisions Review Act 1997 (the ADR Act) of the decision, affirmed on internal review, of the respondent Commissioner of Police to refuse his application made on 21 May 2018 for a Category AB Firearms licence. The applicant has previously held a firearms licence, the most recent of which was suspended in May 2017 and expired in August 2017. The reason for the refusal was the Commissioner’s view that the issue of the licence would be contrary to the public interest: s 11(7) Firearms Act 1996.
Section 58(1)(b) of the ADR Act requires the administrator whose decision is the subject of an application for review to lodge with the Tribunal, within 28 days after receiving notice of the application,

(b) a copy of every document or part of a document that is in the possession, or under the control, of the administrator that the administrator considers to be relevant to the determination of the application to the Tribunal.

The Commissioner has applied to the Tribunal for an order under s 59(1) of the ADR Act that he not be required to lodge a copy of certain documents. The Tribunal may make such an order if, under s59(2)(b):

(b) it considers that, if an application were made under section 64 (Tribunal may restrict disclosures concerning procedures) of the Civil and Administrative Tribunal Act 2013, it would be appropriate to make an order under that section prohibiting or restricting the publication or disclosure of evidence of the document.

Section 64(1)(d) of the Civil and Administrative Tribunal Act 2013 (NCAT Act) enables the Tribunal to make an order prohibiting or restricting disclosure of the contents of a document to some or all of the parties to the proceedings if satisfied it is desirable to do so by reason of the confidential nature of the matter or “for any other reason”.
The Commissioner applied to have the hearing of this application in private, in the absence of the applicant and his lawyers, and that the copies of the documents (the Confidential Material) specified in the confidential statement in support of the application and provided to the Tribunal (the Confidential Statement) not be disclosed to the applicant or his lawyers.
The hearing was held without the applicant or his lawyers being present, and an order was made under s 49 of the NCAT Act that the hearing be held in private.
[NOT FOR PUBLICATION]
[NOT FOR PUBLICATION]
[NOT FOR PUBLICATION]
[NOT FOR PUBLICATION]
[NOT FOR PUBLICATION]
[NOT FOR PUBLICATION]
The Tribunal decided to make the order sought by the Commissioner.

Orders

The Tribunal orders:

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).

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.

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.

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.

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I hereby certify that this is a true and accurate record of the reasons for decision of the Civil and Administrative Tribunal of New South Wales.

Registrar

Amendments

05 May 2020 - Hearing Date, Date of Orders, & Date of Decision corrected on coversheet.

Decision last updated: 05 May 2020

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Citations

Marshall v Commissioner of Police [2020] NSWCATAD 123

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Statutory Material Cited

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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.