Bilanenko v Commissioner of Police [2022] NSWCATAD 76

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bilanenko v Commissioner of Police [2022] NSWCATAD 76 Hearing dates: 11 February 2022 Date of orders: 8 March 2022 Decision date: 08 March 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: T Simon, Principal Member Decision: The decision under review is affirmed Catchwords: FIREARMS ACT – firearms – firearms prohibition order – contrary to the public interest Legislation Cited: Administrative Decisions Review Act (NSW) 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, NSW Police Force [2013] NSWADTAP 16. Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60, 77. Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Category: Principal judgment Parties: Boyd Bilanenko (Applicant) Commissioner of Police (Respondent) Representation: Counsel: M Higgins (Applicant) Solicitors: O'Brien Criminal & Civil Solicitors Pty Ltd (Applicant) Bartier Perry Lawyers (Respondent) File Number(s): 2021/00227767 Publication restriction: Nil

Reasons for Decsion 1. This is an application, made by Mr Bilanenko (the applicant) for review of a decision made by the Commissioner of Police (the Commissioner) revoking a firearms licence. 2. The Tribunal has decided to affirm the Commissioner's decision to revoke the firearms license.