Harris v Commissioner of Police [2021] NSWCATAD 126

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Harris v Commissioner of Police [2021] NSWCATAD 126 Hearing dates: 4 May 2021 Date of orders: 18 May 2021 Decision date: 18 May 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: (1) The decision under review is set aside. (2) In its place, the decision is made that the application by Mr Scott Harris for the grant of a licence under the Firearms Act 1996 is granted. Catchwords: ADMINISTRATIVE LAW – firearms licence - refusal of licence - public interest Legislation Cited: Firearms Act 1996 Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Firearms Regulation 2017 Cases Cited: Aubrey v Commissioner of Police [2005] NSWADT 266 Comalco Aluminium (Bell Bay) Ltd v O'Connor and Ors (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, NSW Police Force [2013] NSWADTAP 16 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Director of Public Prosecutions v Smith [1991] VicRp 6; (1991) 1 VR 63 Kavalieratos v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 117 Lee v Commissioner of Police Lee v Commissioner of Police, NSW Police Force [2020] NSWCATAD 144 Masterson v Commissioner of Police [2017] NSWCATAP 206 Museth v Commissioner of Police, NSW Police Force [2014] NSWCATAD 98 R v O'Neill (1979) NSWLR 582 Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110 Wiltshire v Commissioner of Police, NSW Police Force [2005] NSWADT 75 Texts Cited: None cited Category: Principal judgment Parties: Scott Harris (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: LBK Solicitors (Applicant) Maddocks Lawyers (Respondent) File Number(s): 2020/00329440 Publication restriction: Pursuant to section 64(1) of the Civil and Administrative Tribunal Act 2013, the content of the material that was filed by the Respondent on a confidential basis is not to be disclosed without further order of the Tribunal. Those paragraphs of these reasons identified as "not for publication" are not to be released, other than to the Respondent, without further order of the Tribunal. No record of the confidential sessions is to be disclosed, other than to the Respondent, without further order of the Tribunal.