Dattilo v Commissioner of Police, New South Wales Police Force [2022] NSWCATAD 224

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dattilo v Commissioner of Police, New South Wales Police Force [2022] NSWCATAD 224 Hearing dates: 4 March 2022, 27 June 2022 Date of orders: 08 July 2022 Decision date: 08 July 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof G D Walker, Senior Member Decision: (1) Decision under review affirmed. (2) Pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013, the contents of confidential exhibits CR5 and CR6 and the transcripts and records of the confidential hearings are not to be disclosed to the applicant. (3) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013, the contents of confidential exhibits CR5 and CR6 and the transcripts and records of the confidential hearings are not to be published. (4) Pursuant to ss 64(1)(b), 64(1)(c) and 64(1)(d) of the Civil and Administrative Tribunal Act 2013, the publication and recording of the confidential hearing, including confidential exhibits CR5 and CR6 and any evidence given during the hearing, is prohibited, and the contents of all paragraphs in these reasons marked "[NOT FOR PUBLICATION]" are not to be published or released to the applicant. Catchwords: LICENSING – Firearms licensing – licence refusal – public interest – mental health – prior conduct. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Cases Cited: AMJ v Commissioner of Police, New South Wales Police Service [2012] NSWADT 228; AML v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5; Briginshaw v Briginshaw (1938) 60 CLR 316; Bronze Wing International Pty Ltd v SafeWork New South Wales [2017] NSWCA 42; Commissioner of Police, New South Wales Police Force v Lee [2016] NSWCATAP 234; Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16; Cusumano v Commissioner of Police, New South Wales Police Force [2001] NSWADT 50; Dattilo v Commissioner of Police, New South Wales Police Force [2021] NSWCATAD 349; Drake v Minister for Immigration and Ethnic affairs (1979) 2 ALD 60; Gear v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 241; Gorgeski v Commissioner of Police, New South Wales Police Service [2006] NSWADT 214; Kavalieratos v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 117; Keegan-Jaques v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 145; Kocic v Commissioner of Police, New South Wales Police Force [2014] NSWCA 388; Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97; McDonald v Director-General of Social Security [1984] FCA 57, (1984) 1 FCR 354; Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 1; Romanos v Commissioner of Police, New South Wales Police Force [2019] NSWCATAD 274; Sterjovski v Director-General, Department of Transport [2002] NSWADT 10; Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110. Texts Cited: None cited Category: Principal judgment Parties: Mr Giovanni Dattilo (Applicant) Commissioner of Police, New South Wales Police Force (Respondent) Representation: Solicitors: Hartmann & Associates (Applicant) Bartier Perry (Respondent) File Number(s): 2021/00220961 Publication restriction: See above