ELU v Commissioner of Police [2020] NSWCATAD 277

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ELU v Commissioner of Police [2020] NSWCATAD 277 Hearing dates: 19 October 2020 Date of orders: 11 November 2020 Decision date: 11 November 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: The decision under review is affirmed. Catchwords: FIREARMS LICENCE - public interest – mental health and other issues Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Mental Health Act 2007 Cases Cited: Allan v The Commissioner of Police [2008] NSWADT 230 AML v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5 CIC Insurance Limited v Bankstown Football Club (1997) 187 CLR 384 Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16 Director of Public Prosecutions v Smith [1991] VicRp 6; (1991) 1 VR 63. Hoffman v Commissioner of Police, New South Wales Police Service [2003] NSWADT 89 Kavalieratos v Commissioner of Police, NSW Police Force [2014] NSWCATAD 117 Keegan Jacques v Commissioner of Police [2017] NSWCATAD 145 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Masterson v Commissioner of Police, New South Wales Police Force [2017] NSWCATAP 206 McDonald v Director General of Social Security (1984) 1FCR 353 at 357 Petas v Commissioner of Police, NSW Police Force [2013] NSWADT 137 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Tannous v Commissioner of Police [2011] NSWADT 116 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Texts Cited: None cited Category: Principal judgment Parties: ELU (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant (Self Represented) Maddocks Lawyers (Respondent) File Number(s): 2020/00223497 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the publication of the name of the applicant or any family member of the applicant in these proceedings is prohibited.