Cole v Commissioner of Police [2021] NSWCATAD 325

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cole v Commissioner of Police [2021] NSWCATAD 325 Hearing dates: On the papers Date of orders: 09 November 2021 Decision date: 09 November 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: J D Little, Senior Member Decision: (1) Leave for Mr Waite to act as the Applicants representative for the purposes of these proceedings is granted. (2) The decision of the Respondent of 3 August 2021 in respect of the Second Applicant to impose a special condition on the Second Applicants' Category AB firearms licence reading "The licence holder must not store, use or possess firearms, firearm parts or ammunition at any location where Peter Robert Cole (DOB: [insert date]) resides or frequents" be set aside and that special condition be removed. (3) The decision of the Respondent of 25 August 2021 in respect of the First Applicant to impose a special condition on the First Applicants' Category AB firearms licence reading "The licence holder must not store, use or possess firearms, firearm parts or ammunition at any location where Peter Robert Cole (DOB: [insert date]) resides or frequents" be set aside and that special condition be removed. (4) Except pursuant to order (5) below, the contents of all paragraphs in these reasons marked "[Not for publication]" are not to be published or released pursuant to s64(1)(c) of the Civil and Administrative Tribunal Act 2013. (5) A copy of these reasons, without redaction, shall be released to the Applicants and Respondent. Catchwords: LICENSING – firearms – licence special condition – firearms prohibition order Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Cases Cited: Botany Mascot Security v Commissioner of Police, NSW Police [2008] NSWADT 17 Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60 Mulligan v Commissioner of Police [2020] NSWCATAD 272 Tolley v Commissioner of Police [2006] NSWADT 149 Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110 Category: Principal judgment Parties: Peter Cole (First Applicant) Anne Cole (Second Applicant) Commissioner of Police (Respondent) Representation: K Waite (Applicants' agent) Office of General Counsel of NSW Police Force (Respondent) File Number(s): 2021/00205690 Publication restriction: (1) Except pursuant to the order below, the contents of all paragraphs in these reasons marked "[Not for publication]" are not to be published or released pursuant to s64(1)(c) of the Civil and Administrative Tribunal Act 2013.