Hawker v Commissioner of Police [2022] NSWCATAD 91

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hawker v Commissioner of Police [2022] NSWCATAD 91 Hearing dates: 4 March 2022 Date of orders: 16 March 2022 Decision date: 16 March 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: S E Frost, Senior Member Decision: (1) The decision to revoke the Applicant's firearms licence is set aside. (2) Instead the Tribunal decides the licence is not revoked. Catchwords: FIREARMS LICENSING – undertakings made to the Court on former partner's discontinuation of an application for a family violence order – public interest Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Family Violence Act 2016 (ACT) Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) Cases Cited: Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Category: Principal judgment Parties: Martin Edward Hawker (Applicant) Commissioner of Police (Respondent) Representation: Hartmann & Associates Solicitors (Applicant) Office of General Counsel, NSW Police Force (Respondent) File Number(s): 2022/00007578 Publication restriction: Under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), the Tribunal orders that the disclosure, to any person other than a party to this proceeding and their legal representatives, of:

(a) the name and/or address of the Applicant's ex-partner, referred to in these reasons as 'M';

(b) the name of the Applicant's son;