McAdam v Commissioner of Police [2022] NSWCATAD 191

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McAdam v Commissioner of Police [2022] NSWCATAD 191 Hearing dates: On the papers Date of orders: 14 June 2022 Decision date: 14 June 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: Andelman L, Senior Member Decision: 1. Pursuant to s50 of the Civil and Administrative Tribunal Act 2013, the Tribunal dispenses with a hearing. 2. The Respondent's application to rely on confidential material in a closed hearing is dismissed. Catchwords: LICENSING – firearm licence – confidential material application Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Cases Cited: Brennan v State of New South Wales [2006] NSWSC 167 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69 Category: Procedural rulings Parties: Kirby James McAdam (Applicant) Commissioner of Police NSW (Respondent) Representation: Solicitor: Hartmann & Associates (Applicant) Respondent (Self-represented) File Number(s): 2022/00075471 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013, the publication or disclosure of the parts of these Reasons marked "NOT FOR PUBLICATION", other than to the respondent Commissioner of Police.

REASONS FOR DECISION

Background 1. The parties having been given the opportunity to make submissions as to whether the Tribunal should dispense with a hearing. I am satisfied that the matter can be adequately determined in the absence of the parties. The Tribunal dispenses with a hearing pursuant to s50(2) of the Civil and Administrative Tribunal Act 2013 (CAT Act). 2. On 16 March 2022, Mr McAdam made an application for a review of an internal review decision made by the Commissioner of Police (Commissioner) revoking his Category AB firearm licence. In revoking the licence, the Commissioner relied on the following matters: 1. Primary consideration in granting the licence is public interest as set out in s3(1) of the Firearm Act 1996; 2. Available information demonstrating a close association with person who is prohibited from accessing firearms and who has an extensive criminal history; 3. That on two previous occasions applications lodged with the Tribunal by Mr McAdam related to firearm licencing were found in the Commissioner's favour; and 4. That on 9 October 2021 a Traffic Infringement Notice was issued. 1. The Commissioner found that Mr McAdam was not a fit and proper person and that it would be contrary to the public interest to issue the licence pursuant to ss11(3)(a) and 11(7) of the Firearm Act 1996.