Prochilo v Commissioner of Police [2022] NSWCATAD 142

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Prochilo v Commissioner of Police [2022] NSWCATAD 142 Hearing dates: 22 October 2021, 15 November 2021 and 25 November 2021 (Submissions closed 7 January 2022) Date of orders: 05 May 2022 Decision date: 05 May 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision to refuse the Applicant's Category AB Firearms Licence is set aside. Catchwords: ADMINISTRATIVE LAW - Firearms –– objects of legislation – public interest. Legislation Cited: Civil and Administrative Tribunal Act 2013 Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 94 ALR 11 Bladen v Commissioner of Police NSW Police Force [2015] NSWCATAD 240 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 NSW Police Force [2013] NSWADTAP 16 Director of Public Prosecutions v Smith [1991] 1 VR 63 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 Hunt v Commissioner of Police [2021] NSWCATAD 58 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Rose v Commissioner of Police (No 2) [2022] NSWCATAD 26 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Webb v Commissioner of Police, New South Wales Police [2004] NSWADT 110 Category: Principal judgment Parties: Ross Prochilo (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Mr G Hynes (Agent)(Applicant) Lindsay Taylor Solicitors (Respondent) File Number(s): 2021/00069298 Publication restriction: Pursuant to s 64 (1) (c) of the Civil and Administrative Tribunal Act 2013 I prohibit the publication of evidence given before the Tribunal, as referred to in paragraphs [69] – [74] inclusive of these reasons. Pursuant to s 64 (1) (d) of the Civil and Administrative Tribunal Act 2013 I make an order prohibiting the disclosure to the applicant and the public of evidence given before the Tribunal concerning Confidential Exhibit marked 'RC-1'.