Le v Commissioner of Police [2021] NSWCATAD 192

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Le v Commissioner of Police [2021] NSWCATAD 192 Hearing dates: 17 June 2021 Date of orders: 9 July 2021 Decision date: 09 July 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The decision under review is affirmed. Catchwords: Administrative Law – firearms licence – refusal – mental health issues – failure to declare suicide attempts – public interest Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Firearms Act 1996 Firearms Regulation 2006 Mental Health Act 2007 Cases Cited: 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 Martin v Commissioner of Police, NSW Police Force [2010] NSWADT 276 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 Texts Cited: None cited Category: Principal judgment Parties: Mai Nhi Nguyen Le (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Hartmann & Associates (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2021/00061812 Publication restriction: Nil