State of NSW v Elomar [2018] NSWSC 708

State of NSW v Elomar [2018] NSWSC 708

The Court finds the material qualifies as terrorism intelligence and that the lowest form of restriction under s 60(4)(b) is appropriate, as unrestricted access could pose safety risks and prejudice proper prison and investigative procedures.

Parties
Plaintiff: State of NSW; Defendant: Ahmad Elomar; Applicant on Motion: Attorney General
Jurisdiction
Australia
Judgment Date
03 May 2018
Procedural Posture
Application Ex Parte / Interlocutory Order
Outcome
Order granted
Legal Topics
Terrorism Intelligence, Disclosure Orders, Service of Documents
Terrorism Criminal Law Procedure Terrorism Intelligence Disclosure Orders Service of Documents

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Parties

State of NSW

Plaintiff

Ahmad Elomar

Defendant

Attorney General

Applicant on Motion

Procedural Posture

Application Ex Parte / Interlocutory Order

Legal Issues

  1. 1 Whether the court should grant orders concerning service and disclosure of 'terrorism intelligence' documents under the Terrorism (High Risk Offenders) Act 2017

Ratio Decidendi

The Court finds the material qualifies as terrorism intelligence and that the lowest form of restriction under s 60(4)(b) is appropriate, as unrestricted access could pose safety risks and prejudice proper prison and investigative procedures.

Court Disposition

Order granted

Orders

  • Exhibit X–1, copies and information therein to be dealt with as terrorism intelligence under the Terrorism (High Risk Offenders) Act 2017 and subject to specified orders (Orders 4–16).
  • Upon demand, the State must serve specified watermarked copies of Exhibit X–1 to the solicitor for the defendant and counsel.