150CHearing where protected information involved

150C Hearing where protected information involved

(1) If, in response to a request under section 150A, the Chief Commissioner informs VCAT in writing that the decision was based on protected information, VCAT must at the hearing of the application first determine whether or not the information is protected information.

(2) For the purposes of making a determination under subsection (1), VCAT may determine that a hearing or any part of it be held in private.

(3) The following provisions apply to a closed session under subsection (2)—

(a) only the Chief Commissioner and the special counsel are entitled to be present; and

(b) each party that is entitled to be present has a right to make submissions as to—

(i) whether evidence supporting the grounds for refusal or cancellation amounts to protected information;

(ii) the weight that should be given to that evidence;

(iii) the character of the applicant, being evidence indicating whether the applicant is a fit and proper person to hold a private security licence;

(iv) whether, in all the circumstances, the licence should be granted to the applicant.

(4) After hearing the evidence of the Chief Commissioner and the special counsel under subsection (3), VCAT must decide whether or not any of the evidence adduced amounts to protected information.

(5) If VCAT decides that none of the evidence adduced under subsection (3) amounts to protected information, VCAT must admit the applicant to the proceeding and the provisions of subsection (3) cease to apply to the conduct of the hearing.

S. 150D inserted by No. 61/2010 s. 23.