Salter v Commissioner of Police [2021] NSWCATAD 37

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Salter v Commissioner of Police [2021] NSWCATAD 37 Hearing dates: 11 November 2020 Date of orders: 25 February 2021 Decision date: 25 February 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: The reviewable decision is affirmed. Catchwords: ADMINISTRATIVE REVIEW – Firearms – Firearms Prohibition Order – criminal antecedents – acquittal – criminal conduct – criminal associates – confidential material – non-disclosure orders – public interest – "not fit, in the public interest" Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Crimes (Sentencing Procedure) Act 1999 Customs Act 1901 (Cth) Drug Misuse and Trafficking Act 1985 Firearms Act 1996 Poisons and Therapeutic Goods Act 1966 Cases Cited: Addison v Commissioner of Police, NSW Police Force [2019] NSWCATAD 99 Bellamy v Bellamy [2018] NSWSC 534 Browne v Dunn (1893) 6 R 67 (HL) Constantin v Commissioner of Police, NSW Police Force (GD) [2013] NSWADTAP 16 Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60 Esterman v Commissioner of Police, NSW Police Force [2014] NSWCATOD 70 Grant v Commissioner of Police [2020] NSWCATAD 158 Hamid v Commissioner of Police, NSW Police Force [2018] NSWCATAD 43 Joseph v Commissioner of Police, NSW Police Force [2017] NSWCAT 31 Kocic v Commissioner of Police, NSW Police Force (2014) 88 NSWLR 159 Petas v Commissioner of Police, NSW Police [2013] NSWADT 137 Texts Cited: New South Wales Ombudsman (2015) 'Review of Police Use of Firearms Prohibition Order Search Powers: Issues Paper, Section 74A of the Firearms Act 1996' New South Wales Ombudsman (2016a) 'Review of Police Use of the Firearms Prohibition Order Search Powers: Section 74A of the Firearms Act 1996'. McElhone, Megan --- "Now They're Extraordinary Powers': Firearms Prohibition Orders and Warrantless Search Powers in New South Wales" [2017] CICrimJust 5; (2017) 28(3) Current Issues in Criminal Justice 329 Category: Principal judgment Parties: Daniel Graham Salter (Applicant) Commissioner of Police (Respondent) Representation: Counsel: G Jones (Applicant) H El-Hage (Respondent)