Prevetera v Commissioner of Police [2021] NSWCATAD 133

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Prevetera v Commissioner of Police [2021] NSWCATAD 133 Hearing dates: 16 December 2020 Date of orders: 24 May 2021 Decision date: 24 May 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1 The decision to revoke the Category AB Firearms Licence held by Sam Prevetera is set aside. 2 The Applicant's licence is to be subject to the following conditions: (1) The Applicant is not to store or allow any firearm to be stored at his current residential address; (2) The Applicant is not to possess a firearm within 200 metres of his current residential address; (3) The Applicant is to safely store all firearms that he owns at Sydney International Shooting Range or any other venue to which the Commissioner agrees. Storage of the Applicant's firearms is at the Applicant's own expense; and (4) The Applicant is to notify the Firearms Registry if he stores his firearms at an address other than Sydney International Shooting Range. This notification is to be given in writing by email or as otherwise agreed with the Firearms Registry and is to be given no later than 7 days after the firearms have been stored at an address other than Sydney International Shooting Range. Catchwords: ADMINISTRATIVE LAW – firearms licence - revocation of licence - public interest – conditions on licence Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: Comalco Aluminium (Bell Bay) Ltd v O'Connor and Ors (1995) 131 ALR 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 Hoffman v Commissioner of Police, New South Wales Police Service [2003] NSWADT 89 Kavalieratos v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 117. Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110 Category: Principal judgment Parties: Sam Prevetera (Applicant) Commissioner of Police (Respondent) Representation: Counsel: M Fordham (Applicant)