Mulligan v Commissioner of Police [2020] NSWCATAD 272

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mulligan v Commissioner of Police [2020] NSWCATAD 272 Hearing dates: 29 October 2020 Date of orders: 5 November 2020 Decision date: 05 November 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof GD Walker, Senior Member Decision: (1) The decision under review is varied by rewording the special condition so as to read as follows: "The licence holder is prohibited from storing firearm bolts, breech blocks and ammunition at any location where Terrence Kevin Mulligan (DOB: [insert date]) resides or frequents, until the licensee's licence expires or is renewed, whichever is the later". (2) In all other respects the decision under review is affirmed. (3) Pursuant to ss 64(1)(c) and (d) of the CAT Act, the transcript and recording of the confidential hearing, confidential exhibits CR2 and CR3 and the contents of all paragraphs in these reasons marked "[NOT FOR PUBLICATION]" are not to be published or released to the applicant. Catchwords: LICENSING – firearms – licence special condition – domestic violence concerns – proper scope of condition. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 316; Bronze Wing International Pty Ltd v SafeWork New South Wales [2017] NSWCA 42; Cusumano v Commissioner of Police, New South Wales Police Service [2001] NSWADT 50; Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218; Hook v Commissioner of Police [2020] NSWCATAD 250; Kavalieratos v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 117; Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10; McDonald v Director-General of Social Security [1984] FCA 57, (1984) 1 FCR 354; Petas v Commissioner of Police, New South Wales Police Force [2013] NSWADT 137; Robinson t/a Botany Mascot Security v Commissioner of Police, New South Wales Police [2008] NSWADT 17; Sterjovski v Director-General, Department of Transport [2002] NSWADT 10; Tolley v Commissioner of Police [2006] NSWADT 149; Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110. Category: Principal judgment Parties: Martin James Mulligan (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant (Self Represented) Maddocks Lawyers (Respondent) File Number(s): 2020/00204145 Publication restriction: Pursuant to ss 64(1)(c) and (d) of the CAT Act, the transcript and recording of the confidential hearing, confidential exhibits CR2 and CR3 and the contents of all paragraphs in these reasons marked "[NOT FOR PUBLICATION]" are not to be published or released to the applicant.