Lee v Commissioner of Police [2022] NSWCATAD 302

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lee v Commissioner of Police [2022] NSWCATAD 302 Hearing dates: 26 July 2022 Date of orders: 14 September 2022 Decision date: 14 September 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: J Levine, Senior Member Decision: (1) The Decision under review is set aside. (2) A Category A, B, and C firearms licence is to be issued to the Applicant as an owner of rural land for recreational hunting/vermin control and primary production. Catchwords: ADMINISTRATIVE REVIEW – Licensing – Firearms – Refusal to issue category A, B, and C firearms licence – Fit and proper person – Whether licence would be contrary to the public interest in light of firearm and traffic history, including conduct relating to recent vehicle safety infringement – Significance of earlier findings by Tribunal Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Cases Cited: AML v Commissioner of Police [2013] NSWADT 5 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 BY v Director-General, Attorney-General's Department [2002] NSWADT 79 Commissioner of Police, NSW Police Force v Lee [2016] NSWCATAP 234 Constantin v Commissioner of Police [2013] NSWADTAP 16 Esterman v Commissioner of Police [2014] NSWCATOD 70 Haining v Commissioner of Police, NSW Police Service [1999] NSWADT 6 Joseph v Commissioner of Police [2017] NSWCA 31 Hijazi v Commissioner of Police, NSWPF [2015] NSWCATAD 252 Hill v Commissioner of Police, NSW Police Service [2002] NSWADT 218 Keegan-Jaques v Commissioner of Police [2017] NSWCATAD 145 Lee v Commissioner of Police, NSW Police Force [2015] NSWCATAD 254 Lee v Commissioner of Police, NSW Police Force [2017] NSWSC 1849 Lee v Commissioner of Police, NSW Police Force [2020] NSWCATAD 144 Madziala v Commissioner of Police [2021] NSWCATAD 269 Martin v Commissioner of Police [2017] NSWCATAD 97 Masterson v Commissioner of police, NSW Police Force [2017] NSWCATAP 206 Nguyen v Commissioner of Police [2007] NSWADT 16 Tannous v Commissioner of Police [2011] NSWADT 116 Ward v Commissioner of NSW Police (2000) NSWADT 28 Texts Cited: None Category: Principal judgment Parties: Stephen Lee (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant (Self-represented) Maddocks Lawyers (Respondent) File Number(s): 2022/00074339 Publication restriction: Nil