Johns v Commissioner of Police, New South Wales Police Force [2021] NSWCATAD 283

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Johns v Commissioner of Police, New South Wales Police Force [2021] NSWCATAD 283 Hearing dates: 14 September 2021 Date of orders: 28 September 2021 Decision date: 28 September 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof GD Walker, Senior Member Decision: (1) Decision under review relating to Glenn Harry Johns is affirmed. (2) Decision under review relating to Jake Harry Johns is set aside. (3) Pursuant to s 64(1)(c) of the CAT Act, the publication of the Confidential Material and confidential exhibit CR4, or matters contained in the Confidential Material and confidential exhibit CR4 is prohibited. (4) Pursuant to s 64(1)(d) of the CAT Act, the disclosure of the Confidential Material and confidential exhibit CR4, or matters contained in the Confidential Material and confidential exhibit CR4, is restricted to the Commissioner, the legal representatives for the Commissioner and the tribunal. (5) Pursuant to ss 64(1)(b), 64(1)(c) and 64(1)(d) of the CAT Act, the publication and recording of the confidential hearing, including confidential exhibit CR4 and any evidence given during the hearing, is prohibited, and the contents of all paragraphs in these reasons marked "[Not for publication]" are not to be published or released to the applicant. Catchwords: LICENSING – firearms licensing – licence revocation – prescribed offence – silencer - domestic circumstances – public interest. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: Allen v Commissioner of Police, New South Wales Police Force [2015] NSWCATAD 224; AML v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5; Briginshaw v Briginshaw (1938) 60 CLR 316; Bronze Wing International Pty Ltd v SafeWork New South Wales [2017] NSWCA 42; Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16; Cusumano v Commissioner of Police, New South Wales Police Service [2001] NSWADT 50; DMC v Commissioner of Police, New South Wales Police Force [2018] NSWCATAD 219; Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; Grant v Commissioner of Police [2020] NSWCATAD 158; Huggins v Commissioner of Police [2021] NSWCATAD 119; Kalinic v Commissioner of Police, New South Wales Police [2006] NSWADT 227; Keegan Jacques v Commissioner of Police, New South Wales Police Force [2017] 145; McDonald v Director-General, Social Services (1984) FCA 57, (1984) 1 FCR 354; Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97; Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 1; O'Donnell v Commissioner of Police, New South Wales Police Service [2009] NSWADT 169; Saffron v FCT (No. 2) (1991) 102 ALR 19; Sterjovski v Director-General, Department of Transport [2002] NSWADT 10; 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; Yaghi v Commissioner of Police, New South Wales Police Service [2001] NSWADT 91. Category: Principal judgment Parties: Mr Glenn Harry Johns (Applicant) Mr Jake Harry Johns (Applicant)