Wallin v Commissioner of Police (No 2) [2022] NSWCATAD 83

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wallin v Commissioner of Police (No 2) [2022] NSWCATAD 83 Hearing dates: On the papers Date of orders: 11 March 2022 Decision date: 11 March 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1. The decision to revoke the Category - ABH Firearms Licence held by Graham Wallin is set aside. 2. The Category ABH Firearms Licence held by Graham Wallin is to be subject to the following conditions: (1) The Applicant is not to store or allow any firearm to be stored at his current residential address; (2) The Applicant is not to possess a firearm within 200 metres of his current residential address, unless otherwise agreed to by the Firearms Registry; (3) The Applicant is to only store his firearms at an approved shooting range or other venue to which the Commissioner agrees ("the agreed location"). Storage of the Applicant's firearms is at the Applicant's own expense; and (4) The Applicant is to notify the Firearms Registry if he proposes to store his firearms at an address other than the agreed location. This notification is to be given in writing by email or as otherwise agreed with the Firearms Registry and is to be given no later than 14 days after the firearms have been stored at an address other than the agreed location. The notification must: (a) specify the address of the new premises on which the firearm is to be kept when not actually being used; (b) specify particulars of the arrangements that have been made by the licence holder for the safe keeping and storage of the firearm on those premises: and (c) certify that those arrangements comply with the requirements of the Act and the Regulation concerning the safe keeping and storage of firearms. Catchwords: ADMINISTRATIVE LAW – conditions on licence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Administrative Decisions Review Act 1997 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) Cases Cited: Cusumano v Commissioner of Police, New South Wales Police Service [2001] NSWADT 50 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Mulligan v Commissioner of Police [2020] NSWCATAD 272 Wallin v Commissioner of Police [2021] NSWCATAD 150 Wallin v Commissioner of Police, NSW Police Force [2021] NSWCATAP 368 Category: Principal judgment Parties: Graham Wallin (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant (Self Represented) Maddocks Lawyers (Respondent) File Number(s): 2020/00246109 Publication restriction: Nil