Wallin v Commissioner of Police [2021] NSWCATAD 150

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wallin v Commissioner of Police [2021] NSWCATAD 150 Hearing dates: 4 March 2021 Date of orders: 2 June 2021 Decision date: 02 June 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1. The decision to revoke the Category ABH Firearms Licence held by Graham Wallin 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 only store his firearms at an approved shooting range or other venue to which the Commissioner agrees ("the agreed location"). 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 proposes to store his firearms at an address other than the agreed location. 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 the agreed location. Catchwords: ADMINISTRATIVE LAW – firearms – revocation of licence -- public interest – fit and proper person. – conditions on licence Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Barlow v Commissioner of Police, NSW Police Force [2003] NSWADT 254 Comalco Aluminium (Bell Bay) Ltd v O'Connor and Ors (1995) 131 ALR 657 Commissioner for ACT Revenue v Alphaone Pty Ltd (1994) 49 FCR 589 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 Hughes and Vale Pty Ltd v New South Wales (No. 2) [1955] HCA 28; (1955) 93 CLR 127 Kavalieratos v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 117 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 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: Graham Wallin (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant (Self-Represented) Maddocks Lawyers (Respondent) File Number(s): 2020/00246109 Publication restriction: Nil