COMBAT SPORTS ACT 2013 - SECT 78
Administrative reviews of decisions based on security determinations or criminal intelligence
COMBAT SPORTS ACT 2013 - SECT 78
Administrative reviews of decisions based on security determinations or criminal intelligence
78 Administrative reviews of decisions based on security determinations or
criminal intelligence
(1) In determining an application for an administrative review of a decision
that was made on the ground of a criminal information disclosure, the Civil
and Administrative Tribunal (and any Appeal Panel of the Tribunal in
determining any internal appeal against such a review under the
Civil and Administrative Tribunal Act 2013 ):
(a) is to ensure that it does
not, in the reasons for its decision or otherwise, disclose the existence or
content of any criminal intelligence report or other criminal information
without the approval of the Commissioner, and
(b) in order to prevent the
disclosure of any such report or other criminal information, is to receive
evidence and hear argument in the absence of the public, the applicant for the
administrative review, the applicant's representative and any other interested
party, unless the Commissioner approves otherwise.
Note : Section 95 of this
Act provides that the Commissioner of Police, another police officer and the
Authority are not, under this or any other Act or law, required to give any
reasons in connection with a determination or taking any other action under
this Act if the giving of those reasons would disclose the existence or
content of any criminal intelligence report or other criminal information.
Accordingly, Part 2 of Chapter 3 of the Administrative Decisions Review Act
1997 does not apply to any decision based on such information to the extent
that it would require disclosure of the existence or content of any criminal
intelligence report or other criminal information.
(2) If the Tribunal
considers that information identified in a criminal information disclosure as
being from a criminal intelligence report or other criminal information has
not been properly identified as such, the Tribunal must ask the Commissioner
whether the Commissioner wishes to withdraw the information from consideration
by the Tribunal in its determination of an application.
(3) Information that
is withdrawn by the Commissioner must not be:
(a) disclosed to any person, or
(b) taken into consideration by the Tribunal in determining an application.
(a) the Commissioner (as well as the Authority) is to be a party to
any proceedings in the Tribunal for an administrative review of the decision,
and
(b) the Tribunal is to be provided with a copy of the report of the
Commissioner's determination or advice, and
(c) the Tribunal is not prevented
from determining whether the Authority made the correct and preferable
decision regarding the application or the registration concerned merely
because of the determination or advice of the Commissioner.
(5) In any
proceedings for an administrative review of a decision by the Commissioner of
Police or a police officer under this Act, the Commissioner is to be the
respondent to the proceedings and the Authority may be a party to the
proceedings.