29Right to seek administrative review from Civil and Administrative Tribunal

#### 29 Right to seek administrative review from Civil and Administrative Tribunal 29 Right to seek administrative review from Civil and Administrative Tribunal > > (1) A person may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the following decisions— > > > > > (a) the refusal or failure by the Commissioner to grant a licence to the person, > > > > > (a1) the refusal or failure of the Commissioner to renew a licence, > > > > > (b) a condition imposed by the Commissioner on a licence granted to the person, > > > > > (c) the revocation or suspension of a licence granted to the person. > > > (2) For the purposes of this section, an application for the grant or renewal of a licence is taken to have been refused if the licence is not granted or renewed within 60 days after the application is made in accordance with this Act. > > > > Note. > > > > Under the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002), if the Civil and Administrative Tribunal has reviewed an administratively reviewable decision (such as a decision referred to in the above section), a party to the proceedings may appeal to an Appeal Panel of the Tribunal. An appeal on a question of law may then lie to the Supreme Court. > > > (3) In determining an application for an administrative review of a decision referred to in subsection (1), 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. > > > > Sections 15 (7), 17 (5) and 26 (6) of this Act provide that the Commissioner is not, under this or any other Act or law, required to give any reasons for not granting or renewing a licence or revoking a licence if the giving of those reasons would disclose the existence or content of any criminal intelligence report or other criminal information referred to in section 15 (6) or 26 (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 (or renew) or revoke a licence 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. > > > (4) If the Tribunal considers that information contained in a criminal intelligence report or comprising 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. > > > (5) 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 29:** Am 2005 No 63, Sch 1 \[47\]; 2005 No 98, Sch 1.21 \[6\]; 2006 No 58, Sch 2.49; 2012 No 49, Sch 1 \[56\]–\[61\]; 2013 No 95, Sch 2.134 \[1\]–\[5\]; 2014 No 88, Sch 1.25 \[9\]; 2017 No 16, Sch 1 \[16\]–\[18\].