Pemberton v Commissioner of Police, NSW Police Force [2022] NSWCATAD 288

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pemberton v Commissioner of Police, NSW Police Force [2022] NSWCATAD 288 Hearing dates: 1 August 2022 Date of orders: 26 August 2022 Decision date: 26 August 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: The decision under review is affirmed Catchwords: LICENSING – firearms – multiple allegations of assault and intimidation found not proven to criminal standard - conflicting accounts - different tests – 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: AML v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5 Brosowski v Commissioner of Police, New South Wales Police Service [2003] NSWADT 182 Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Esterman v Commissioner of Police, New South Wales Police Force [2014] NSWCATOD 70 Hariri v Commissioner of Police [2022] NSWCATAD 5 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Joseph v Commissioner of Police, New South Wales Police Force [2017] NSWCA 31 Lee v Commissioner of Police, NSW Police Force [2020] NSWCATAS 144 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 McGrath v Commissioner of Police, New South Wales Police Force [2019] NSWCATAD 98 Manning v Commissioner of Police [2020] NSWCATAD 111 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Petas v Commissioner of Police, NSW Police Force [2013] NSWADT 137 Shi v Migration Agents Registration Authority [2008] HCA 31 Stamatelatos v Commissioner of Police, NSW Police Force Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Texts Cited: None cited Category: Principal judgment Parties: Raymond Pemberton (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Applicant (Self Represented) Lindsay Taylor Lawyers (Respondent) File Number(s): 2021/00335452 Publication restriction: Pursuant to ss 64(1)(c) and (d) of the CAT Act, the transcript and recording of the confidential hearing, confidential exhibits, and the contents of all paragraphs in these reasons marked "[Not for publication]" are not to be published or released to the Applicant or the public.