Wright v Commissioner of Police [2022] NSWCATAD 208

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wright v Commissioner of Police [2022] NSWCATAD 208 Hearing dates: 28 April 2022 Date of orders: 23 June 2022 Decision date: 23 June 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: N Nicholls, Senior Member Decision: 1. The Decision under review is set aside. Catchwords: ADMINISTRATIVE LAW – Firearms Act – revocation of licence Legislation Cited: Firearms Act 1996, Sections 3, 11, 12, 24, 75 Firearms Regulation 2017, Regulation 20 Category: Principal judgment Parties: John Berend Wright (Applicant) Commissioner of Police (Respondent) Representation: Counsel: S J Stanton (Applicant)

Solicitors: MacKenzie & Vardanega (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2021/00310818

REASONS FOR DECISION

INTRODUCTION. 1. On 1 November 2021 Mr. John Berend Wright ("the applicant") made an application to this Tribunal, pursuant to section 75(1)(c) of the Firearms Act 1996 ("the Act"), seeking review of the decision made on 15 July 2021 by a delegate of the NSW Commissioner of Police ("the respondent"), ("the Commissioner") to revoke the firearms licence (Category ABC) previously granted to him and as that decision was affirmed on internal review on 18 October 2021 by another delegate of the Commissioner.

BACKGROUND. 1. At the time of the internal review decision the applicant was 59 years old. At all relevant times he has been, and continues to be, a primary producer. He was, relevantly, first issued with a Category ABC firearms licence in April 2007 for reason of "Sport Target Shooting, Recreational Hunting/Vermin Control & Primary Production". (RE 1 at page 25). This was re-issued on application in 2012 and 2017. 2. The various police reports before the Tribunal reveal that the applicant came to the attention of police as a result of a number of domestic incidents reported to them. There is no dispute that the licence was previously suspended for short periods.