El Saadi v Commissioner of Police (No 2) [2021] NSWCATAD 336

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: El Saadi v Commissioner of Police (No 2) [2021] NSWCATAD 336 Hearing dates: 24 August 2021 Date of orders: 11 November 2021 Decision date: 11 November 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof GD Walker, Senior Member Decision: (1) Decision under review affirmed. (2) Pursuant to s 64(1)(c) of the CAT Act, the publication of the Confidential Material and confidential exhibits CR3 and CR4, or matters contained in the Confidential Material and confidential exhibits CR3 and R4 is prohibited. (3) Pursuant to s 64(1)(d) of the CAT Act, the disclosure of the Confidential Material and confidential exhibits CR3 and CR4, or matters contained in the Confidential Material and confidential exhibits CR3 and CR4, is restricted to the Commissioner, the legal representatives for the Commissioner and the tribunal. (4) 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 of these preliminary proceedings, including confidential exhibits CR3 and 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and any evidence given during the hearing, is prohibited, and the contents of all paragraphs in these reasons marked "[Not for publication]" are not to be published or released to the applicant.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 – public interest – offences of violence –traffic record –change of storage address –change of purpose--criminal associations –confidential evidence. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) Cases Cited: Adams v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 194; 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 Force [2001] NSWADT 50; Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; Dalziell v Commissioner of Police, New South Wales Police Force [2018] NSWCATAD 79; El Saadi v Commissioner of Police, New South Wales Police Force [2021] NSWCATAD 181; Hamid v Commissioner of Police, New South Wales Police Force [2018 NSWCATAD 79; Hoffman v Commissioner of Police, New South Wales Police Service [2003] NSWADT 89; Keegan Jacques v Commissioner of Police [2017] NSWCATAD 145; Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97; McDonald v Director-General of Social Security [1984] FCA 57, (1984) 1 FCR 354; Masterson v Commissioner of Police, New South Wales Police Force [2017] NSWCATAP 206; Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10; Salter v Commissioner of Police, New South Wales Police Force [2020] NSWCATAD 37; 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. Category: Principal judgment Parties: Ahmad El Saadi (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Thomas Henry Bray Lawyer (Applicant) Maddocks Lawyers (Respondent) File Number(s): 2021/00065633 Publication restriction: See above.