Hunt v Commissioner of Police [2021] NSWCATAD 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hunt v Commissioner of Police [2021] NSWCATAD 58 Hearing dates: 9 February 2021 Date of orders: 12 March 2021 Decision date: 12 March 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW – firearms licence – the public interest – risk to safety Legislation Cited: Firearms Act 1989 Administrative Decisions Review Act 1997 Cases Cited: Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Ward v Commissioner of Police, NSW Police Service [2000] NSWADT 28 Constantin v Commissioner of Police, NSW Police Force (GD) [2013] NSWADTAP 16 Kogias v Commissioner of Police [2020] NSWCATAD 297 Category: Principal judgment Parties: Jason Hunt (Applicant) Commissioner of Police (Respondent) Representation: J Hunt (Applicant self represented)

Solicitors: Lindsay Taylor Lawyers (Respondent) File Number(s): 2020/ 184501 Publication restriction: Nil

REASONS FOR DECISION 1. The applicant, Mr Hunt, has applied for a review of the respondent's decision to refuse him a Category AB firearms licence under s 11(4(a) and (7) of the Firearms Act 1996 on 19 May 2020. 2. The refusal was based on two incidents of attempted self harm in his personal history. The respondent concluded it was not in the public interest for the applicant to have a firearms licence. In the proceedings before the Tribunal, the respondent also relied on what it said were instances of providing false and misleading information when making declarations required under the Firearms Act.