Victorian Consolidated Legislation

Casino Control Act 1991 - SECT 74A

Procedure on application for review

74A. Procedure on application for review



(1) This section applies if an application is made to a court for review of a
decision by the Chief Commissioner under section 74 to make an exclusion
order.

(2) If the Chief Commissioner objects to the disclosure or production of
protected information at the hearing of the application for review, the Chief
Commissioner may apply before the hearing to the court to hear and determine
the application for review-

   (a)  at a hearing at which evidence given by a member of the police force
        is given on the basis of a confidential affidavit that is not
        disclosed to one or more of the parties or any representative of those
        parties; or

   (b)  at a hearing held in closed court in which the Chief Commissioner and
        each party to the proceeding has a right to make submissions; or

   (c)  at a hearing held without notice to, and without the presence of, one
        or more of the parties or any representative of those parties; or

   (d)  by any combination of the methods set out in paragraphs (a), (b) and
        (c).

(3) If the court is satisfied that it is not in the public interest to hear
and determine the application for review by the method specified by the Chief
Commissioner in the application under subsection (2), the court may hear and
determine the application by any other method set out in subsection (2).

(4) In deciding which method to hear and determine the application for review,
the court must take into account-

   (a)  the public interest in protecting the confidentiality of police
        investigative techniques and protected information in the possession
        of the police; and

   (b)  the extent to which the method of hearing and determining the
        application may disclose any intelligence information, or document or
        thing the disclosure of which-

   (i)  reveals the identity of the member of the police force who provided
        information on the basis of which the exclusion order was made or puts
        that member's safety at risk; or

   (ii) reveals the identity of a person who has provided a member of the
        police force with information on the basis of which the exclusion
        order was made, or puts that person's safety at risk; or

   (iii) reveals the identity of a person whose name appears in any evidence
        given or information provided to a member of the police force relating
        to an investigation, or puts that person's safety at risk; or

   (iv) reveals the identity of a person who is or has been the subject of an
        investigation by a member of the police force, or puts that person's
        safety at risk; or

   (v)  places at risk an ongoing investigation by a member of the police
        force; or

   (vi) risks the disclosure of any investigative method used by members of
        the police force; or

   (vii) is otherwise not in the public interest.

(5) If the court decides to hear and determine the application for review by
the method set out in subsection (2)(a), the court may require the member of
the police force to provide the court with any further confidential affidavits
the court requires to determine the application.

(6) In this section protected information means any intelligence information,
document or thing the production or inspection of which-

   (a)  is likely to reveal any matter referred to in subsection (4)(b)(i) to
        (iv); or

   (b)  is likely to place at risk an ongoing investigation by a member of the
        police force; or

   (c)  is likely to risk the disclosure of any investigative method used by
        members of the police force; or

   (d)  is otherwise not in the public interest.