Biddle v Commissioner of Police [2022] NSWCATAD 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Biddle v Commissioner of Police [2022] NSWCATAD 4 Hearing dates: 9 December 2021 Date of orders: 6 January 2022 Decision date: 06 January 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: The decision of the Respondent to refuse the Applicant's application for a firearms licence is affirmed Catchwords: LICENSING – firearms – history of domestic violence – unsafe handling of firearm - public interest Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Crimes (Sentencing Procedure Act) 1999 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: Aubrey v Commissioner of Police [2005] NSWADT 266 Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16 Director of Public Prosecutions v Smith [1991] VicRp 6; (1991) 1 VR 63. Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Kavalieratos v Commissioner of Police, NSW Police Force [2014] NSWCATAD 117 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) 1FCR 353 at 357 Masterson v Commissioner of Police [2017] NSWCATAP 206 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Stamatelatos v Commissioner of Police, NSW Police Force [2018] NSWCATAD 156 Tannous v Commissioner of Police [2011] NSWAT 116) Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Category: Principal judgment Parties: Shane Biddle (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: LBK Solicitors (Applicant) Maddocks Lawyers (Respondent) File Number(s): 2021/00240798 Publication restriction: The Confidential Material, and any information therein, is not to be disclosed to the Applicant or his legal representatives pursuant to s 64(1)(d) of the CAT Act and is not to be published (including in the Tribunal's reasons for decision) pursuant to s 64(1)(c) of the CAT Act.