Maintaining confidentiality of police information in relation to applications and complaints
18 Maintaining confidentiality of police information in relation to applications and complaints
If the Commissioner of Police makes an objection to an application solely or partly on the basis of confidential police information, the Director must give the applicant written notice that the Commissioner of Police has made an objection to the application on the ground that the grant of the application would not be in the public interest.
The Director must give the notice at least 7 days before the Director determines the application.
If the Director or the Commissioner of Police lodges a complaint under section 95 in respect of a person solely or partly on the basis of confidential police information, the complaint need only state that it would not be in the public interest if the person were to be or continue to be licensed or approved, as the case may be.
In determining an application, the Director, the Tribunal or a court —
must, on the application of the Commissioner of Police, take all reasonable steps to maintain the confidentiality of confidential police information, including steps —
to receive evidence and hear argument about confidential police information in private and in the absence of any person (including the applicant and any person who makes an objection to, or an official submission about, the application) other than the Director or the Commissioner of Police or their representatives; and
to prohibit the publication of evidence about confidential police information;
and
may take evidence consisting of, or relating to, confidential police information by affidavit of a police officer of or above the rank of Superintendent.
[Section 18 inserted: No. 20 of 2025 s. 70.]
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