TATTOO PARLOURS ACT 2012 - SECT 27 Right to seek administrative review from Civil and Administrative Tribunal

TATTOO PARLOURS ACT 2012 - SECT 27

27 Right to seek administrative review from Civil and Administrative Tribunal

(1) A person (other than a controlled member of a declared organisation) may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the following decisions--

(a) the refusal or failure by the Secretary to grant a licence to the person,

(a1) the refusal or failure by the Secretary to renew a licence granted to the person,

(b) a condition imposed by the Secretary on a licence granted to the person,

(c) the suspension or cancellation (other than on the ground referred to in section 26 (2) (a1)) of a licence granted to the person.

(2) For the purposes of this section, an application for the grant or renewal of a licence is taken to have been refused if the licence is not granted or renewed within 60 days after the application is made in accordance with this Act.

Note : Under the Civil and Administrative Tribunal Act 2013 , if the Tribunal has made an administrative review decision (such as when it reviews a decision referred to in subsection (1)), a party to the proceedings may appeal to an Appeal Panel of the Tribunal. An appeal on a question of law may then lie to the Supreme Court.

(3) If an application for a licence or for the renewal of a licence was refused or a licence was suspended or cancelled by the Secretary on the ground of an adverse security determination made by the Commissioner about the applicant for the administrative review or a close associate of the applicant--

(a) the Commissioner (as well as the Secretary) is to be a party to any proceedings in the Civil and Administrative Tribunal for an administrative review of the decision of the Secretary, and

(b) the Tribunal is to be provided with a copy of the report of the Commissioner's determination, and

(c) the Tribunal is not prevented from determining whether the Secretary made the correct and preferable decision regarding the application or the licence concerned merely because of the determination of the Commissioner.

(4) In determining an application for an administrative review of any decision to refuse to grant or renew a licence or to suspend or cancel a licence that was made on the ground of an adverse security determination made by the Commissioner about the applicant for the administrative review or a close associate of the applicant, 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 20 of this Act provides that the Secretary and Commissioner are not, under this or any other Act or law, required to give any reasons in connection with the refusal to grant or renew a licence or the suspension or cancellation of a licence on the ground of an adverse security determination made by the Commissioner 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 to refuse to grant or renew a licence 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.

(4A) If the Tribunal considers that information contained in 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.

(4B) 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.

(5) Section 53 (Internal reviews) of the Administrative Decisions Review Act 1997 does not apply in relation to a decision referred to in subsection (1).