78Administrative reviews of decisions based on security determinations or criminal intelligence

#### 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](/view/html/inforce/current/act-2013-002))— > > > > > (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](/view/html/inforce/current/act-1997-076) 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 (3) Information that is withdrawn by the Commissioner must not be— 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. > > > (4) If a decision was made by the Authority on the ground of a criminal information disclosure about the applicant for the administrative review— > > > > > (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. > > > (6) Section 53 (Internal reviews) of the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) does not apply in relation to a decision referred to in subsection (1). > > > (7) In this section— > > > > criminal information disclosure means— > > > > > (a) a determination made, or advice given, by the Commissioner of Police or another police officer, or > > > > > (b) information disclosed under section 94 (1). > > **s 78:** Am 2013 No 95, Sch 2.33 \[5\]–\[8\]; 2018 No 76, Sch 1 \[28\]–\[30\].