Pemberton v Commissioner of Police

Case [2022] NSWCATAD 109


Civil and Administrative Tribunal


New South Wales

Medium Neutral Citation: Pemberton v Commissioner of Police [2022] NSWCATAD 109
Hearing dates: 28 March 2022
Date of orders: 01 April 2022
Decision date: 01 April 2022
Jurisdiction:Administrative and Equal Opportunity Division
Before: Naida Isenberg, Senior Member
Decision:

(1) Pursuant to s 49 of the Civil and Administrative Tribunal Act 2013 (CAT Act), the hearing of the substantive application be conducted, insofar as it relates to the Confidential Documents or Confidential Evidence, in the absence of the Applicant, any legal representative for the Applicant in the substantive proceedings, and the public (Private Hearing).

(2) Pursuant to s 59 of the Administrative Decisions Review Act 1997 (ADR Act), the Respondent (the Commissioner) not be required to lodge copies of the documents (theConfidential Documents) specified in the Confidential Statement in support of the application and provided to the Tribunal by the Commissioner (the Confidential Statement).

(3)    Pursuant to s 64(1)(c) of the CAT Act, the publication of:

(a) any evidence given during the Private Hearing,

(b) the Confidential Documents and the Confidential Statement and

(c) matters contained in the Confidential Documents and the Confidential Statement, is prohibited.

(4) Pursuant to s 64(1)(d) of the CAT Act, the disclosure of:

(a) any evidence given during the Private Hearing,

(b) the Confidential Documents and the Confidential Statement and

(c) matters contained in the Confidential Documents and the Confidential Statement 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 reporting of the Private Hearing of this application, including any oral evidence given during the Private Hearing, is prohibited.

Catchwords:

LICENSING – firearms - confidentiality

Legislation Cited:

Administrative Decisions Review Act 1997

Civil and Administrative Tribunal Act 2013

Firearms Act 1996

Cases Cited:

Appellant S214 of 2004 v The Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 66

Bettington v Commissioner of Police [2020] NSWCATAD 303

Brennan v State of New South Wales [2006] NSWSC 167

Bungree Aboriginal Association Limited v NSW Registrar of Community Housing [2019] NSWCATAD 61

Cain v Glass (No 2) (1985) 3 NSWLR 230, at 247-248

CYL v YZA [2017] NSWCATAP 105

Fisher v NSW Police [2002] NSWADT 267

Grant v Commissioner of Police [2020] NSWCATAD 158

Ibrahim v Commissioner of Police, New South Wales Police Force [2019] NSWCATAD 41

McCausland v State of NSW [2010] NSWSC 1562

Pendrick v Commissioner of Police, NSW Police Force (No 2) [2022] NSWCATAD 27

Sankey v Whitlam [1978] HCA 43; (1978) 142 CLR 1

Simring v Commissioner of Police [2009] NSWSC 270

State of New South Wales (Justice Health) and anor v Dezfouli [2008] NSWADTAP 69

Category:Procedural rulings
Parties: Raymond Pemberton (Applicant)
Commissioner of Police (Respondent)
Representation: Solicitors:
Applicant self-represented
Lindsay Taylor Lawyers (Respondent)
File Number(s): 2021/335452
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…

Continue reading Pemberton v Commissioner of Police

Sign in free to access the full text

Details
AGLC
Pemberton v Commissioner of Police [2022] NSWCATAD 109
Case
[2022] NSWCATAD 109
Decision Date

CaseChat Overview and Summary

The case of Pemberton v Commissioner of Police involves the issue of firearm licensing in Australia, where the applicant, Pemberton, sought to challenge the decision of the Commissioner of Police to refuse the issuance of a firearm licence. The matter was heard in the Civil and Administrative Tribunal of New South Wales. The central dispute revolved around the disclosure and confidentiality of certain documents and evidence related to the applicant's application for a firearm licence.

The legal issues before the court included whether certain documents and evidence should be considered confidential and, if so, what measures should be taken to protect their confidentiality. This involved an analysis of the relevant statutory provisions, such as sections 49, 59, and 64 of the Civil and Administrative Tribunal Act 2013, as well as the Administrative Decisions Review Act 1997. The court was tasked with balancing the applicant's right to a fair hearing with the need to protect sensitive information that could potentially compromise public safety or ongoing investigations.

The court found that the documents and evidence in question were indeed confidential and warranted protection under the relevant statutes. It determined that a private hearing was necessary to safeguard the confidentiality of the information, and that the disclosure of such information should be strictly limited to the parties involved and their legal representatives. The court also ruled that the publication and reporting of the hearing should be prohibited to prevent the unauthorised dissemination of confidential material. The orders reflect these findings, mandating a private hearing, restricting access to the confidential documents, and prohibiting their publication or reporting.

Orders

Orders of the court

(1) Pursuant to s 49 of the Civil and Administrative Tribunal Act 2013 (CAT Act), the hearing of the substantive application be conducted, insofar as it relates to the Confidential Documents or Confidential Evidence, in the absence of the Applicant, any legal representative for the Applicant in the substantive proceedings, and the public (Private Hearing).

(2) Pursuant to s 59 of the Administrative Decisions Review Act 1997 (ADR Act), the Respondent (the Commissioner) not be required to lodge copies of the documents (the Confidential Documents) specified in the Confidential Statement in support of the application and provided to the Tribunal by the Commissioner (the Confidential Statement).

(3) Pursuant to s 64(1)(c) of the CAT Act, the publication of:

(a) any evidence given during the Private Hearing,

(b) the Confidential Documents and the Confidential Statement and

(c) matters contained in the Confidential Documents and the Confidential Statement, is prohibited.

(4) Pursuant to s 64(1)(d) of the CAT Act, the disclosure of:

(a) any evidence given during the Private Hearing,

(b) the Confidential Documents and the Confidential Statement and

(c) matters contained in the Confidential Documents and the Confidential Statement 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 reporting of the Private Hearing of this application, including any oral evidence given during the Private Hearing, is prohibited.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.