Kraus v Commissioner of Police [2020] NSWCATAD 152

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kraus v Commissioner of Police [2020] NSWCATAD 152 Hearing dates: 4 June 2020 Date of orders: 17 June 2020 Decision date: 17 June 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof GD Walker, Senior Member Decision: (1) Decision under review set aside. (2) A category AB firearms licence is to be issued to the applicant. (3) Pursuant to s 64(1)(c) of the CAT Act, the contents of confidential exhibits CR 4 and CR 5 and the paragraphs in these reasons marked "[Not for publication]" are not to be published. Catchwords: LICENSING – firearms – revocation of licence – contraventions of Act and Regulation – magistrate's power to dismiss charges under mental health legislation – public interest. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Police Act 1990 (NSW) Category: Principal judgment Parties: Philip D Kraus (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Mainstone Lawyers (Applicant) Maddocks Lawyers (Respondent) File Number(s): 2019/00108663 Publication restriction: Pursuant to s 64(1)(c) of the CAT Act, the contents of confidential exhibits CR 4 and CR 5 and the contents of paragraphs of these reasons marked "Not for publication" are not to be published.