New South Wales Consolidated Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1995 - SECT 31L

31L Protection of security sensitive information

(1) This section applies to the following decisions--

(a) a decision of the Commissioner of Corrective Services to refuse to give approval or concurrence under section 31D or 31F on a ground referred to in section 31D (2) (a),

(b) a decision of the Commissioner of Police to refuse to give approval under section 31F on a ground referred to in section 31F (4) (a).

(2) The Commissioner of Corrective Services or the Commissioner of Police is not, under this or any other Act or law, required to give any reasons for a decision of the Commissioner's to which this section applies to the extent that the giving of those reasons would disclose any security sensitive information.

(3) In determining an application for an administrative review of any decision to which this section applies, 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 )--

(a) is to ensure that it does not, in the reasons for its decision or otherwise, disclose any security sensitive information without the approval of the Commissioner who made the decision, and

(b) in order to prevent the disclosure of any such security sensitive 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 that Commissioner approves otherwise.

(4) In this section,
"security sensitive information" means information classified by the Commissioner of Corrective Services or the Commissioner of Police for the purposes of this section as security sensitive information, being information the disclosure of which could reasonably be expected--

(a) to prejudice criminal investigations, or

(b) to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement, or

(c) to endanger a person's life or physical safety, or

(d) to adversely affect the security, discipline or good order of a correctional centre, correctional complex or residential facility (within the meaning of the Crimes (Administration of Sentences) Act 1999 ), or

(e) to adversely affect the supervision of any parolee or person subject to a supervision order.