Matus v Commissioner of Police [2022] NSWCATAD 111

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Matus v Commissioner of Police [2022] NSWCATAD 111 Hearing dates: 12 October 2021 Date of orders: 5 April 2022 Decision date: 05 April 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1. The decision to refuse the application by Allan Matus for a Category AB Firearms Licence is set aside. 2. The decision is made that the application by Allan Matus for a Category AB Firearms Licence is granted. The Category AB Firearms Licence is granted 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. 3. These conditions may be varied by agreement between the parties Catchwords: Administrative Law – Firearms licence - refusal of licence - public interest - failure to disclose mental health treatment – whether the Applicant may not exercise continuous and responsible control over firearms - domestic circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Administrative Decisions Review Act 1997 (NSW) Firearms Act 1996 (NSW) Crimes (Sentencing Procedures) Act 1999 (NSW) Cases Cited: Austrac Operations Pty Ltd v New South Wales [2003] FCA 1013, BC 200305547 Comalco Aluminium (Bell Bay) Ltd v O'Connor and Others (1995) 131 ALR 657 Constantin v Commissioner of Police [2013] NSWADTAP 16 Cusumano v Commissioner of Police [2001] NSWADT 50 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 LY v Commissioner of Police, NSW Police [2004] NSWADT 115 a Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Masterson v Commissioner of Police, New South Wales [2017] NSWCATAP 206 New South Wales v Taylor (2001) 178 ALR 32 Ward v Commissioner of Police [2000] NSWADT 28 Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110 Texts Cited: None cited Category: Principal judgment Parties: Allan Julius Matus (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Hartmann & Associates (Applicant) Maddocks Lawyers (Respondent) File Number(s): 2021/00043023 Publication restriction: Pursuant to section 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW), the content of the material that was filed by the Respondent on a confidential basis is not to be disclosed without further order of the Tribunal. Those paragraphs of these reasons identified as "not for publication" are not to be released, other than to the Respondent, without further order of the Tribunal. No record of the confidential sessions is to be disclosed, other than to the Respondent, without further order of the Tribunal.