Combat Sports Act 2013

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)—

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

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.

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.

Information that is withdrawn by the Commissioner must not be—

disclosed to any person, or

taken into consideration by the Tribunal in determining an application.

If a decision was made by the Authority on the ground of a criminal information disclosure about the applicant for the administrative review—

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

the Tribunal is to be provided with a copy of the report of the Commissioner’s determination or advice, and

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.

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.

Section 53 (Internal reviews) of the Administrative Decisions Review Act 1997 does not apply in relation to a decision referred to in subsection (1).

In this section—

a determination made, or advice given, by the Commissioner of Police or another police officer, or

information disclosed under section 94 (1).