Martin v Commissioner of Police [2022] NSWCATAD 69

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Martin v Commissioner of Police [2022] NSWCATAD 69 Hearing dates: 27 January 2022 Date of orders: 2 March 2022 Decision date: 02 March 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: The decision under review is affirmed Catchwords: LICENSING – firearms – dealer – firearms offences proven – other firearms offences not proven to criminal standard – standard of proof – whether false statement on application – public interest – sale of firearm parts Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Firearms Regulation 2017 Mental Health Act 2007 Safety, Rehabilitation and Compensation Act 1988 Cases Cited: AML v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5 Bevan v Commissioner of Police [2004] NSWADT 1 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 Cook v Commissioner of Police [2003] NSWADT 30 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Esterman v Commissioner of Police, New South Wales Police Force [2014] NSWCATOD 70 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Joseph v Commissioner of Police, New South Wales Police Force [2017] NSWCA 31 Commissioner of Police v Joseph [2016] NSWCATAP 124 Lee v Commissioner of Police, NSW Police Force [2020] NSWCATAS 144 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Martin and Comcare [2011] AATA 664 McDonald v Director General of Social Security (1984) 1FCR 353 at 357 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Petas v Commissioner of Police, NSW Police Force [2013] NSWADT 137 Shi v Migration Agents Registration Authority [2008] HCA 31 Todorovski v Commissioner of Police [2019] NSWCATAD 192 Uzelac v Commissioner of Police, Ministry of Police [2003] NSWADT 226 Vella v Commissioner of Police, New South Wales Police Service [2003] NSWADT 91 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Wiltshire v Commissioner of Police [2005] NSWADT 75 Category: Principal judgment Parties: Stephen James Martin (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant (Self-represented) Maddocks Lawyers (Respondent) File Number(s): 2020/00197170 Publication restriction: (1) Pursuant to ss 64(1)(b) and 64(1)(d) of the Civil and Administrative Tribunal Act 2013, the transcript and recording of the confidential hearing in the proceeding on 27 January 2022 and the contents of all paragraphs in these Reasons marked '[NOT FOR PUBLICATION]' are not to be published or released to the Applicant, or the public.