AVS Group of Companies Pty Limited and Ors v Commissioner of Police and Anor [2010] NSWSC 109

AVS Group of Companies Pty Limited and Ors v Commissioner of Police and Anor [2010] NSWSC 109

The Tribunal may only adopt a special advocate procedure for confidential intelligence material where the special advocate is appointed by the plaintiffs and disclosure occurs with the Commissioner's approval, as required by s 29(3) of the Security Industry Act 1997; and the Commissioner must consider applications for such approval in accordance with law, not for the purpose of maintaining forensic advantage but with reference to the statutory object of protecting confidential criminal intelligence.

Jurisdiction
Australia
Judgment Date
26 February 2010
Procedural Posture
Application for Declaratory Relief / Judgment on Summons Seeking Declarations Regarding Special Advocate Procedure
Outcome
Declarations and orders in part for the plaintiffs
Legal Topics
['administrative Tribunals' 'licensing' 'procedural Fairness' 'declaratory Relief' 'special Advocate Procedure' 'confidential Material' 'disclosure' 'statutory Interpretation']
['administrative Law'] ['administrative Tribunals' 'licensing' 'procedural Fairness' 'declaratory Relief' 'special Advocate Procedure' 'confidential Material' 'disclosure' 'statutory Interpretation']

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Procedural Posture

Application for Declaratory Relief / Judgment on Summons Seeking Declarations Regarding Special Advocate Procedure

Legal Issues

  1. 1 ["Whether the Administrative Decisions Tribunal has power to adopt a 'special advocate' procedure in the hearing of applications to review revocation of security licences under the Security Industry Act 1997" 'Whether such a procedure can be adopted without the consent of the Commissioner of Police under s 29(3) of the Security Industry Act 1997' 'Whether the Commissioner is required to consider and determine applications for disclosure to a special advocate according to law and for proper purpose']

Ratio Decidendi

The Tribunal may only adopt a special advocate procedure for confidential intelligence material where the special advocate is appointed by the plaintiffs and disclosure occurs with the Commissioner's approval, as required by s 29(3) of the Security Industry Act 1997; and the Commissioner must consider applications for such approval in accordance with law, not for the purpose of maintaining forensic advantage but with reference to the statutory object of protecting confidential criminal intelligence.

Court Disposition

Declarations and orders in part for the plaintiffs

Orders

  • ["A declaration that the 'special advocate' procedure is within the Tribunal's discretion, subject to the special advocate being appointed by the plaintiff and Commissioner’s approval for disclosure under s 29(3) Security Industry Act 1997." 'A declaration that the Commissioner is required by law to consider and...