Grant v Commissioner of Police [2020] NSWCATAD 158

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Grant v Commissioner of Police [2020] NSWCATAD 158 Hearing dates: 18 June 2020 Date of orders: 23 June 2020 Decision date: 23 June 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: The respondent's decision to revoke the applicant's firearms licence is set aside. Catchwords: ADMINISTRATIVE REVIEW – Firearms – Revocation of firearm licence – Where applicant found guilty of offence of cultivating prohibited plant - Whether applicant a fit and proper person to hold a licence – Whether it is in the public interest for applicant to hold a licence – Whether conditional release order in relation to offence warrants revocation of licence where order would preclude applicant from obtaining a new licence – Whether Tribunal needs to be satisfied that there are exceptional circumstances - Non-disclosure orders – Where non-disclosure orders made which prohibited disclosure of some evidence to applicant – Principles of open justice and procedural fairness –Approach to dealing with confidential evidence which has not been disclosed to the applicant Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) Cases Cited: AML v Commissioner of Police, NSW Police Force [2013] NSWADT 5 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 BCS v NSW Civil and Administrative Tribunal [2015] NSWSC 126 Bellamy v Bellamy [2018] NSWSC 534 Cusumano v Commissioner of Police, New South Wales Police Service [2001] NSWADT 50. CYL v YZA [2017] NSWCATAP 105 Dominice v Allianz Australia Insurance Ltd (2017) 81 MVR 249; [2017] NSWCA 171 Hamshere v Commissioner of Police, NSW Police Force [2012] NSWADT 244 Hughes & Vale Pty Ltd v State of New South Wales (1955) 93 CLR 127 Jubian v Commissioner of Police, NSW Police Force [2019] NSWCATAD 70 Kalinic v Commissioner of Police, NSW Police [2006] NSWADT 227 Maloney v Commissioner of Police, NSW Police (22 November 2004, Administrative Decisions Tribunal, unreported) Nepotu v Commissioner of Police, NSW Police Force [2020] NSWCATAD 101 Parisi v Commissioner of Police, NSW Police Force [2018] NSWCATAD 155 R v The War Pensions Entitlement Appeal Tribunal; ex parte Bott (1933) 50 CLR 228 Roads and Maritime Services v Rifahi [2015] NSWCATAP 43 Romanos v Commissioner of Police, New South Wales Police Force [2019] NSWCATAD 272 Shi v Migration Agents Registration Authority (2008) 235 CLR 286 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Wilde v State of New South Wales [2015] NSWCA 28 Texts Cited: None cited Category: Principal judgment Parties: Kurby John Grant (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Cole & Butler Solicitors (Applicant) Maddocks (Respondent) File Number(s): 2020/00063787 Publication restriction: The publication of the evidence presented to the Tribunal in private session, and the publication of the confidential evidence and the confidential part of the submissions lodged by the respondent with the Tribunal on 9 June 2020, is prohibited, pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013. The disclosure to the applicant of the material referred to in the order above, is prohibited, pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013.