Holmes v Commissioner of Police [2021] NSWCATAD 71

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Holmes v Commissioner of Police [2021] NSWCATAD 71 Hearing dates: On the papers Date of orders: 19 March 2021 Decision date: 19 March 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: (1) Being satisfied that the decision in relation to suspension is not an "administratively reviewable decision", the Tribunal lacks jurisdiction to conduct administrative review and, in that regard, the application is dismissed. (2) Insofar as the application relates to the imposition of a condition on the Applicant's firearms licence, the Tribunal has jurisdiction to conduct administrative review and, in that regard, decides to deal with the Applicant's application to the Tribunal for review. (3) Consequently, the Respondent's application to dismiss the proceedings under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 is refused. (4) Within 14 days the parties are to file Short Minutes of Order setting out a timetable for the filing of evidence and submissions with a view to a setting an early hearing date in relation to the imposition of the condition. Catchwords: JURISDICTION – decision to suspend firearms licence – whether an "administratively reviewable decision" – whether "request" to supply mental health assessment a condition of licence Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Cases Cited: None cited Texts Cited: None cited Category: Principal judgment Parties: David Holmes (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant (Self Represented) Office of General Counsel, NSW Police Force (Respondent) File Number(s): 2021/00006048 Publication restriction: Nil