Vitale v Commissioner of Police [2022] NSWCATAD 236

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vitale v Commissioner of Police [2022] NSWCATAD 236 Hearing dates: 24 June 2022 Date of orders: 14 July 2022 Decision date: 14 July 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: The decision under review is affirmed Catchwords: LICENSING – firearms – allegations of assault and domestic violence dismissed for want of evidence - conflicting accounts – fit and proper person – public interest Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Crimes (Domestic and Personal Violence) Act 2007 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 Commissioner of Police, New South Wales Police Force v EMB [2021] NSWCATAP 63 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Esterman v Commissioner of Police, New South Wales Police Force [2014] NSWCATOD 70 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 Joseph v Commissioner of Police, New South Wales Police Force [2017] NSWCA 31 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 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 Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110 Category: Principal judgment Parties: Steven Vitale (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Hartmann & Associates (Applicant) Crown Solicitor (Respondent) File Number(s): 2021/00068238 Publication restriction: 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 of these proceedings, confidential evidence given during the hearing, is prohibited, and the contents of all paragraphs in these reasons marked "[not for publication]" are not to be published or released to the Applicant or at all.