Hughes v Commissioner of Police [2022] NSWCATAD 219

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hughes v Commissioner of Police [2022] NSWCATAD 219 Hearing dates: 10 May 2021, 3 June 2021, 20 December 2021, 1 March 2022. Date of orders: 1 July 2022 Decision date: 01 July 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: (1) The Respondent's decision to revoke the Applicant's Category AB firearms licence is affirmed. (2) The confidentiality orders made 3 June 2021 are continued. Catchwords: ADMINISTRATIVE REVIEW - firearms – revocation of licence – Safe storage requirements – non compliance with regulatory scheme - risk to public safety – public interest. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: AML v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5 Barlow v Commissioner of Police, New South Wales Police Service [2003] NSWADT 254 Bladen v NSW Commissioner of Police [2015] NSWCATAD 240 CIC Insurance Limited v Bankstown Football Club (1997) 187 CLR 384 Comalco Aluminium (Bell Bay) Ltd v O'Connor and Others (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police [2013] NSWADTAP 16 Cusumano v Commissioner of Police [2001] NSWADT 50 Davos v Commissioner of Police, New South Wales Police Force [2013] NSWADT 7 Director of Public Prosecutions v Smith (1991) 1 VR 63 Drake v Minister of Immigration and Ethnic Affairs (1970) 2 ALD 60 Hill v Commissioner of Police, NSW Police Service [2002] NSWADT 218 at [24] Hoffman v Commissioner of Police, New South Wales Police Service [2003] NSWADT 89 Kocic v Commissioner of Police, NSW Police Force [2014] NSWCA 368 Lynch v Commissioner of Police (GD) [2006] NSWADTAP 43 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Martin v Commissioner of Police, NSW Police Force [2010] NSWADT 276 Masterson v Commissioner of Police, New South Wales Police Force [2017] NSWCATAP 206 Morris v The Commissioner of Police [2002] NSWADT 223 Petas v Commissioner of Police, NSW Police Force [2013] NSWADT 137 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Vella v Commissioner of Police [2003] NSWADT 91 Ward v Commissioner of Police [2000] NSWADT 28 Texts Cited: None cited Category: Principal judgment Parties: Kevin Hughes (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant (Self Represented) Maddocks Lawyers (Respondent) File Number(s): 2021/00057841 Publication restriction: Paragraphs 46 and 78: not for publication pursuant to s 64(c) and 64(d) of the Civil and Administrative Tribunal Act 2013