Hardes v Commissioner of Police [2022] NSWCATAD 264

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hardes v Commissioner of Police [2022] NSWCATAD 264 Hearing dates: 8 April 2022 Date of orders: 16 August 2022 Decision date: 16 August 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member Decision: The decision by the Commissioner for Police on 4 May 2021 to revoke the applicant's firearms licence is set aside. Catchwords: FIREARMS – licensing - revocation – whether fit and proper – whether in the public interest. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 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, New South Wales Police Service [2003] NSWADT 254 Comalco Aluminum (Bell Bay) Ltd v O'Connor and Others (1995) 131 ALR 657 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Drake v Minister of Immigration and Ethnic Affairs (1970) 2 ALD 60 Lee v Commissioner of Police [2020] NSWCATAD 144 Sobey v Commercial and Private 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: Darren Hardes (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Hartmann & Associates (Applicant) Bartier Perry Lawyers (Respondent) File Number(s): 2021/00249976 Publication restriction: Nil