Bankowski v Commissioner of Police [2020] NSWCATAD 175

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bankowski v Commissioner of Police [2020] NSWCATAD 175 Hearing dates: 26 June 2020 Date of orders: 08 July 2020 Decision date: 08 July 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: The application for review is dismissed for lack of jurisdiction. Catchwords: JURISDICTION - prohibited firearm - military design - "of a kind" Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Cases Cited: None cited Texts Cited: None cited Category: Procedural and other rulings Parties: Shaun Bankowski (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant (Self Represented) Office of General Counsel, NSW Police (Respondent) File Number(s): 2019/00392938 Publication restriction: Nil

REASONS FOR DECISION

Background 1. Shaun Bankowski is the holder of a Category ABDGH firearms licence. On 3 June 2019 Mr Bankowski applied to the Respondent for a permit to acquire a Six Corp Model KS-30 self-loading centre-fire rifle (KS-30), and on 30 July 2019, provided the Respondent with further information in support of his permit application. On 20 November 2019 his application was refused on the basis that the firearm in respect of which the permit was sought is a "prohibited firearm" within the meaning of item 5 of Schedule 1 to the Firearms Act 1996 (FA Act), and therefore not a firearm the Applicant is authorised to possess or use under the terms of his firearms licence. On 13 December 2019, Mr Bankowski sought review of the refusal decision. 2. The Respondent now seeks dismissal of the proceedings s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NCAT Act), asserting that the proceedings are misconceived as the Tribunal lacks jurisdiction to conduct administrative review of the decision. The issue therefore is whether the Tribunal has jurisdiction to conduct the administrative review Mr Bankowski seeks.