Hawatt v Commissioner of Police [2021] NSWCATAD 109

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hawatt v Commissioner of Police [2021] NSWCATAD 109 Hearing dates: 2 March 2021 Date of orders: 30 April 2021 Decision date: 30 April 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: The decision under review is affirmed. Catchwords: LICENSING — Firearms licensing – refusal – fit and proper person – in the public interest – driving offences Legislation Cited: Firearms Act 1996 Cases Cited: Hughes and Vale Pty Ltd v New South Wales (No.2) [1955] HCA 28 Jameson v Commissioner of Police [2019] NSWCATAD 25 Hook v Commissioner of Police [2020] NSWCATAD 250 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 Martin v Commissioner of Police, NSW Police Force [2010] NSWADT 276 Keegan Jaques v Commissioner of Police [2017] NSWCATAD 145 Texts Cited: Nil Category: Principal judgment Parties: Omar Hawatt (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Hartmann and Associates (Applicant) Sparke Helmore (Respondent) File Number(s): 2020/00296053 Publication restriction: None.

REASONS FOR DECISION 1. This is an application for the review of the refusal by the respondent to issue the applicant a firearms licence. 2. The applicant lodged an application for a firearms licence under the Firearms Act 1989 with the respondent on 3 October 2019. After 12 months had passed, the respondent had not determined the application. On 13 October 2020 the applicant lodged an application for review with the Tribunal. On 3 November 2020 the respondent issued its decision and refused the application for a licence under s 11(3)(a) and (7) of the Firearms Act.