Rose v Commissioner of Police (No 2) [2022] NSWCATAD 26

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rose v Commissioner of Police (No 2) [2022] NSWCATAD 26 Hearing dates: 13 December 2021 Date of orders: 24 January 2022 Decision date: 24 January 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: J D Little, Senior Member Decision: 1. The decision under review is set aside. 2. A category AB firearms licence is to be issued to the Applicant. Catchwords: LICENSING – firearms – mental health issues – public interest Legislation Cited: Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Cases Cited: Allan v Commissioner of Police [2008] NSWADT 230 AML v Commissioner of Police NSW Police Force [2013] NSWADT 5 Aubrey v Commissioner of Police [2005] NSWADT 266 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police [2013] NSWADTAP 16 ELU v Commissioner of Police [2020] NSWCATAD 277 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Kavalieratos v Commissioner of Police, NSW Police Force [2014] NSWCATAD 117 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Rose v Commissioner of Police [2021] NSWCATAD 158 Saxby v Commissioner of Police [2021] NSWCATAD 275 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: K Rose (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant (Self-Represented) Sparke Helmore Lawyers (Respondent) File Number(s): 2021/00047983