Pollard v Commissioner of Police [2021] NSWCATAD 252

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pollard v Commissioner of Police [2021] NSWCATAD 252 Hearing dates: 19 August 2021 Date of orders: 25 August 2021 Decision date: 25 August 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: The respondent's decision to revoke the applicant's licence is affirmed. Catchwords: ADMINISTRATIVE LAW – Firearms – Revocation of licence – Whether it is in the public interest for applicant to continue to hold licence – Whether applicant contravened a condition of the licence – Whether correct and preferable decision is to affirm revocation of licence PRACTICE AND PROCEDURE - Where respondent applied for order under s 59 of the Administrative Decisions Review Act 1997 that respondent not be required to lodge a confidential document under s 58 of that Act - Whether order appropriate in circumstances where respondent sought to rely upon document at hearing Legislation Cited: Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) Firearms Regulation 2006 (NSW) (repealed) Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: CYL v YZA [2017] NSWCATAP 105 Davos v Commissioner of Police, New South Wales Police Force [2013] NSWADT 7 Kioa v West (1985) 159 CLR 550 Kocic v Commissioner of Police, NSW Police Force [2014] NSWCA 368 Oliver v Commissioner of Police, NSW Police Force [2017] NSWCATAD 95 Pollard v Commissioner of Police, NSW Police [2021] NSWCATAD 227 Ward v Commissioner of Police, NSW Police Force [2000] NSWADT 28 Category: Principal judgment Parties: Howard Pollard (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Tankard's Law (Applicant) Maddocks Lawyers (Respondent) File Number(s): 2021/00159311 Publication restriction: Non-publication orders have been made in respect of certain confidential material pursuant to s 64(1)(c) and (d) of the Civil and Administrative Tribunal Act 2013 (NSW).