Pendrick v Commissioner of Police, NSW Police Force (No 2) [2022] NSWCATAD 27

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pendrick v Commissioner of Police, NSW Police Force (No 2) [2022] NSWCATAD 27 Hearing dates: 9 November 2021 Date of orders: 25 January 2022 Decision date: 25 January 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: (1) The requirement that each applicant's application for an extension of time be in writing is dispensed with. (2) The time for each of the applicants to lodge an application with the Tribunal is extended to 11 June 2021. (3) The respondent's decision to refuse the first applicant's application for a Category AB firearms licence is affirmed. (4) The respondent's decision to refuse the second applicant's application for a Category AB firearms licence is affirmed. Catchwords: ADMINISTRATIVE LAW – Firearms – Licensing – Where respondent decided to refuse the applicants' applications for a licence – Whether issue of a firearms licence to each of the applicants would be contrary to the public interest – Whether there is reasonable cause to believe that the second applicant may not personally exercise continuous and responsible control over firearms because of her domestic circumstances CIVIL PROCEDURE — Hearings — Suppression and non-publication – Where respondent sought to tender confidential evidence – Where respondent applied for orders prohibiting disclosure of evidence to public and to applicants – Where admission of confidential evidence contrary to principles of procedural fairness – Where confidential evidence relevant to public interest considerations – Applicable principles when determining whether to admit evidence which is subject to orders that it not be disclosed to a party Legislation Cited: Administrative Appeals Tribunal Act 1975 (Cth) Administrative Decisions Review Act 1997 (NSW) (formerly, the Administrative Decisions Tribunal Act 1997 (NSW)) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) Security Industry Act 1997 (NSW) Tribunals Amalgamation Act 2015 (Cth) Cases Cited: Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88 AVS Group of Companies Pty Ltd v Commissioner of Police (2010) 78 NSWLR 302; [2010] NSWCA 81 Bellamy v Bellamy [2018] NSWSC 534 Bladen v NSW Commissioner of Police [2015] NSWCATAD 240 Briginshaw v Briginshaw (1936) 60 CLR 336 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Chief Commissioner of Police v Nikolic (2016) 338 ALR 683; [2016] VSCA 248 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Commissioner of Police, New South Wales v Gray (2009) 74 NSWLR 1; [2009] NSWCA 49 Constantin v Commissioner of Police, NSW Police Force [2013] NSWADTAP 16 CYL v YZA [2017] NSWCATAP 105 DRJ v Commissioner of Victims Rights [2020] NSWCA 136 Grant v Commissioner of Police [2020] NSWCATAD 158 Himo v Commissioner of Police [2021] NSWCATAD 321 Hogan v Hinch (2011) 243 CLR 506 Howison v Commissioner of Police [2021] NSWCATAD 157 HT v The Queen (2019) 269 CLR 403 Kioa v West (1985) 159 CLR 550 at 629 Kocic v Commissioner of Police, NSW Police Force (2014) 88 NSWLR 159; [2014] NSWCA 368 Leatham v Commissioner of Police [2021] NSWCATAD 121 Liu v Health Care Complaints Commission [2018] NSWSC 315 Martin v Commissioner of Police, NSW Police Force [2010] NSWADT 276 Minister for Immigration and Border Protection v SZSSJ [2016] HCA 29; 259 CLR 180 Momcilovic v R (2011) 245 CLR 1 O'Sullivan v Farrer [1989] HCA 61; 168 CLR 210 at 216, Pendrick v Commissioner of Police, NSW Police Force [2021] NSWCATAD 326 Pochi v Minister for Immigration and Ethnic Affairs (1979) 26 ALR 247; 36 FLR 482; 2 ALD 33 Re Kanina Banner Pty Ltd v Minister for Health and Ageing (2002) 35 AAR 29; 66 ALD 663 Saxby v Commissioner of Police [2021] NSWCATAD 275 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152; [2006] HCA 63 SZOOR v Minister for Immigration and Citizenship (2012) 202 FCR 1 Tukel v Commissioner of Police, NSW Police Force [2021] NSWCATAD 60 VBJ v Australian Prudential Regulation Authority [2005] AATA 642, 60 ATR 1013 Warkworth Mining Ltd v Bulga Milbrodale Progress Association Inc (2014) 86 NSWLR 527 Wickham v Tiffney [2016] NSWCATAP 203 Category: Principal judgment Parties: Ronald Pendrick (First Applicant) April Pendrick (Second Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Hartmann & Associates (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2021/168642; 2021/168663 Publication restriction: Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication of the Confidential Statement of Sergeant Nigel Turney dated 23 September 2021, and Annexure A to that statement, is prohibited.