van de Haar v Commissioner of Police [2021] NSWCATAD 345

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: van de Haar v Commissioner of Police [2021] NSWCATAD 345 Hearing dates: 21 October 2021 Date of orders: 16 November 2021 Decision date: 16 November 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: L Andelman, Senior Member Decision: The decision of the respondent is affirmed Catchwords: LICENSING - firearms licensing - issuing of licence - public interest - public confidence in the licencing regime Legislation Cited: Civil and Administrative Tribunal Act 2013 Firearms Act 1996 (NSW) Firearms Act 1996 (Vic) Personal Safety Intervention Orders Act 2010 (Vic) Cases Cited: Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police [2013] NSWADTAP 16 Cusumano v Commissioner of Police [2001] NSWADT 50 Kogias v Commissioner of Police [2020] NSWCATAD 297 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Category: Principal judgment Parties: Taylor van de Haar (Applicant) Commissioner of Police (Respondent) Representation: Counsel: E Jones (Respondent)

Solicitors: Taylor van de Haar (Self represented) Crown Solicitor (Respondent) File Number(s): 2021/00214091 Publication restriction: NA

REASONS FOR DECISION 1. This is an application by Mr van de Haar seeking a review of the decision of the Commissioner of Police to refuse to issue a category AB firearm licence on 23 November 2020. Mr van de Haar sought an internal review of the decision on 10 December 2020. The internal review was not completed within 21 days and on 26 July 2021 Mr van de Haar made an application to the Tribunal on 26 July 2021. The Commissioner did not oppose the out of time filing of the application. 2. The reason that the Police Commissioner gave for refusing Mr van de Haar's firearm application licence was that he was subject to an interim intervention order from 18 September 2017 and a final intervention order pursuant to the Personal Safety Intervention Orders Act 2010 (Vic) at the Geelong Magistrates Court on 25 September 2017, in force from 25 September 2017 and 1 February 2018.