Moss v Commissioner of Police [2020] NSWCATAD 262

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Moss v Commissioner of Police [2020] NSWCATAD 262 Hearing dates: 15 October 2020 Date of orders: 27 October 2020 Decision date: 27 October 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: (1) The Commissioner's decision under review to revoke the Applicant's category AB firearms licence is set aside. (2) In substitution therefor the Applicant's licence is suspended until he has successfully completed a firearms safety course nominated by the Respondent, at his own expense. Catchwords: LICENSING - firearms licence – safe storage contravention - licence revocation –circumstances favouring restoration of licence – Tribunal's discretion – public safety – suspension in lieu of revocation – condition of safety course Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulation 2006 Cases Cited: AML v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5 Botros v Commissioner of Police, NSW Police Service [2000] NSWADT 6 Bottomley v Commissioner of Police [2005] NSWADT 211 Cleofe v Commissioner of Police, NSW Police Service, Alpha Intelligence Securities Ry Ltd v Commissioner of Police, NSW Police Service [2001] NSWADT 2 Cook v Commissioner of Police, New South Wales Police Service [2003] NSWADT 30 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Lee v Commissioner of Police [2020] NSWCATAD 144 McDonald v Director General of Social Security (1984) 1FCR 353 Mills v Commissioner of Police, NSW Police Force [2014] NSWCATAD 38 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Uzelac v Commissioner of Police, Ministry of Police [2003] NSWADT 226 Ward v Commissioner of Police, New South Wales Police Service[2000] NSWADT 28 Wiltshire v Commissioner of Police, New South Wales Police [2005] NSWADT 75 Yaghi v Commissioner of Police, New South Wales Police Service [2001] NSWADT 91 Texts Cited: None cited Category: Principal judgment Parties: Jye Quentin Moss (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Curtis Gant Betts (Applicant) Sparke Helmore (Respondent) File Number(s): 2020/00201634 Publication restriction: Nil