Avs Group of Companies Pty Ltd v Commissioner of Police

(2010) 78 NSWLR 302; [2010] NSWCA 81

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Administrative tribunals
3. › Procedure
4. › Stay of orders
5. › Distinction between stay of orders and order temporarily reversing administrative decision
6. › Administrative Decisions Tribunal Act 1997 (NSW), s 60(2)
1. Statutory Interpretation
2. › Purposive approach
3. › Statutory derogation from procedural fairness
4. › Tribunal obliged to prevent disclosure when hearing application for review of administrative decision
5. › Whether obligation applies to hearing of application for 'stay' of administrative decision pending review
6. › Security Industry Act 1997 (NSW), s 29(3)
1. Practice and Procedure
2. › Judgments and orders
3. › Construction of court and tribunal orders
4. › Whether surrounding circumstances admissible to construe orders
5. › Whether ambiguity required before resort to context
1. Words and Phrases
2. › 'criminal intelligence report'
3. › 'otherwise affecting the operation of the decision under review'

Quick Take

Section 29(3) of the Security Industry Act 1997 (NSW) applies to all stages of the Tribunal's proceedings in determining an application for review, including interlocutory applications for a stay or interim reinstatement of a revoked licence under s 60(2) of the ADT Act. An order under s 60(2) in respect of a licence revocation that has already taken effect is not a 'stay' in the ordinary sense but an order temporarily reinstating the licence. Orders of administrative tribunals, like court orders, may be construed by reference to surrounding circumstances including the reasons for the decision, without requiring ambiguity.