Wallin v Commissioner of Police, NSW Police Force [2021] NSWCATAP 368

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wallin v Commissioner of Police, NSW Police Force [2021] NSWCATAP 368 Hearing dates: 24 September 2021 Date of orders: 18 November 2021 Decision date: 18 November 2021 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member S Goodman SC, Senior Member Decision: (1) The appeal is allowed. (2) The decision under appeal is remitted for reconsideration by the Tribunal as previously constituted of the issue of the imposition of conditions with such further evidence and submissions as the Tribunal allows. Catchwords: APPEAL – administrative review – firearms licence – revocation – imposition of conditions – procedural fairness Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Jubian v Commissioner of Police [2019] NSWCATAD 70 Minister for Immigration & Multicultural Affairs; ex parte Miah (2001) 206 CLR 57 Mulligan v Commissioner of Police [2020] NSWCATAD 272 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Prevetera v Commissioner of Police [2021] NSWCATAD 133 Sheehan v Commissioner of Police [2017] NSWCATAD 232 Stead v State Government Insurance Commission (1986) 161 CLR 141; [1986] HCA 54 Tolley v Commissioner of Police [2006] NSWADT 149; Wallin v Commissioner of Police [2021] NSWCATAD 150 Category: Principal judgment Parties: Graham Wallin (Appellant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Appellant Self-represented Maddocks Lawyers (Respondent) File Number(s): 2021/173911 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2021] NSWCATAD 150 Date of Decision: 2 June 2021 Before: S Montgomery, Senior Member File Number(s): 2020/246109