Daher v Commissioner of Police [2020] NSWCATAD 289

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Daher v Commissioner of Police [2020] NSWCATAD 289 Hearing dates: 13 November 2020 Date of orders: 26 November 2020 Decision date: 26 November 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: The Respondent's decision is set aside and the Tribunal substitutes a new decision to grant a category ABH firearms licence to the Applicant, for the genuine purpose of 'sport/target shooting' subject to production, to the Respondent, of evidence of his membership of an approved shooting club. Catchwords: ADMINISTRATIVE LAW – firearms licensing - fit and proper person – dismissed charges and apprehended violence order – compliance with statutory participation requirements – poor driving history - public interest Legislation Cited: Firearms Act 1996 (NSW) Cases Cited: AML v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5 CIC Insurance Limited v Bankstown Football Club (1997) 187 CLR 384 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16 Keegan Jacques v Commissioner of Police [2017] NSWCATAD 145 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 McDonald v Director General of Social Security (1984) 1FCR 353 at 357 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: nil Category: Principal judgment Parties: Charbel Daher (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Clowry & Associates (Applicant) Office of the General Counsel, NSW Police Force (Respondent) File Number(s): 2020/00204199 Publication restriction: nil