Doan v Commissioner of Police, NSW Police Force [2022] NSWCATAD 220

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Doan v Commissioner of Police, NSW Police Force [2022] NSWCATAD 220 Hearing dates: 21 June 2022 Date of orders: 05 July 2022 Decision date: 05 July 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: N Isenberg, Senior Member Decision: (1) The decision of the Respondent to refuse the Applicant's application for a firearms licence is set aside. (2) A category AB firearms licence is to be issued to the Applicant. Catchwords: LICENSING – Firearms licensing – fit and proper person – public interest Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Crimes (Sentencing and Procedure) Act 1999 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Barlow v Commissioner of Police, NSW Police Force [2003] NSWADT 254 Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Grant v Commissioner of Police [2020] NSWCATAD 158 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 In Hughes and Vale Pty Ltd v New South Wales (No.2) [1955] HCA 28; (1955) 93 CLR 127 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 McDonald v Director General of Social Security (1984) 1FCR 353 at 357 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Newman v Commissioner of Police [2018] NSWCATAD 17 Sawires v Commissioner of Police [2010] NSWADT 4 Shi v Migration Agents Registration Authority [2008] HCA 31 Sobey v Commercial Agents Board (1979) 22 SASR 70 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Texts Cited: None cited Category: Principal judgment Parties: John Cuong Doan (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Hartmann & Associates (Applicant) Crown Solicitor (Respondent) File Number(s): 2022/00045835 Publication restriction: Nil