24ADisclosure of criminal intelligence information

#### 24A Disclosure of criminal intelligence information 24A Disclosure of criminal intelligence information > > (1) If an application for a licence or security clearance was refused or a licence or security clearance was suspended or cancelled by the regulatory authority on the ground of a report made by the Commissioner of Police under section 13— > > > > > (a) the Commissioner (as well as the regulatory authority) is to be a party to any proceedings in the Civil and Administrative Tribunal for an administrative review of the decision of the regulatory authority, and > > > > > (b) the Tribunal is to be provided with a copy of the report of the Commissioner, and > > > > > (c) the Tribunal is not prevented from determining whether the regulatory authority made the correct and preferable decision regarding the application or the licence or security clearance concerned merely because of the report. > > > (2) In determining an application for an administrative review of any decision to refuse to grant a licence or security clearance or to suspend or cancel a licence or security clearance that was made on the ground of a report under section 13 made by the Commissioner of Police, 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 information identified in the Commissioner’s report under section 13 (5) as being from a criminal or security intelligence report or other confidential 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 13 (6) of this Act provides that the regulatory authority and the Commissioner are not, under this or any other Act or law, required to give any reasons in connection with the refusal to grant a licence or security clearance or the suspension or cancellation of a licence or security clearance on the ground of a report under section 13 if the giving of those reasons would disclose the existence or content of any criminal or security intelligence report or other confidential criminal information referred to in section 13 (5). 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 to refuse to grant a licence or security clearance based on such information to the extent that it would require disclosure of the existence or content of any criminal or security intelligence report or other confidential criminal information. > > > (3) If the Tribunal considers that information identified in the Commissioner’s determination as being from a criminal or security intelligence report or other confidential criminal information referred to in section 13 (5) 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. > > > (4) 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. > > **s 24A:** Ins 2013 No 81, Sch 1 \[23\]. Am 2013 No 95, Sch 2.56 \[5\]–\[8\].