McKenzie v Commissioner of Police, NSW Police Force [2021] NSWCATAD 230

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McKenzie v Commissioner of Police, NSW Police Force [2021] NSWCATAD 230 Hearing dates: 2 June 2021 Date of orders: 09 August 2021 Decision date: 09 August 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: The reviewable decision is affirmed. Catchwords: ADMINISTRATIVE REVIEW – Firearms – Revocation of licence – criminal offence – public safety - genuine reason – participation requirements - public interest Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulations 2017 Cases Cited: Aubrey v The Commissioner of Police [2005] NSWADT 266 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, NSW Police Force (GD) [2013] NSWADTAP 16 Cusumano v Commissioner of Police [2001] NSWADT 50 Davos v Commissioner of Police, New South Wales Police Force [2013] NSWADT 7 Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60 Esterman v Commissioner of Police, NSW Police Force [2014] NSWCATOD 70 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Joseph v Commissioner of Police, NSW Police Force [2017] NSWCAT 31 Kocic v Commissioner of Police, NSW Police Force (2014) 88 NSWLR 159 Lynch v Commissioner of Police (GD) [2006] NSWADTAP 43 Martin v Commissioner of Police, NSW Police Force [2010] NSWADT 276 McDonald v Director-General of Social Security [1984] FCA 57; (1984) 1 FCR 354, 357 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Stamatelatos v Commissioner of Police, NSW Police Force [2018] NSWCATAD 156 Todorovski v Commissioner of Police [2019] NSWADT 192 Vella v Commissioner of Police [2003] NSWADT 91 Ward v Commissioner of Police [2000] NSWADT 28 Category: Principal judgment Parties: Christopher McKenzie (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Applicant (self represented) Maddocks Lawyers (Respondent) File Number(s): 2020/351605 Publication restriction: The publication of the evidence and submissions filed by the Respondent and presented to the Tribunal in private session (the Confidential Material) is prohibited pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013. The disclosure to the applicant of the confidential material is prohibited pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013.