Hardi v Commissioner of Police, NSW Police Force [2022] NSWCATAD 312

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hardi v Commissioner of Police, NSW Police Force [2022] NSWCATAD 312 Hearing dates: 1 August 2022 Date of orders: 26 September 2022 Decision date: 26 September 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: (1) The decision under review is set aside. (2) The decision is made that the licence application is granted subject to the Applicant demonstrating to the Respondent that he has completed a current Firearms Safety Awareness Course. Catchwords: Administrative Law – firearm - refusal of licence - firearms offences - prohibited firearm - not have approved storage - public interest Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) Cases Cited: Comalco Aluminium (Bell Bay) Ltd v O'Connor and Ors (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, NSW Police Force [2013] NSWADTAP 16. Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Director of Public Prosecutions v Smith [1991] VicRp 6; (1991) 1 VR 63 Hoffman v Commissioner of Police, New South Wales Police Service [2003] NSWADT 89 Kavalieratos v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 117. Minister for Immigration and Citizenship v Li [2013] 297 ALR 225 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28 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 Texts Cited: Nil Category: Principal judgment Parties: Peter Hardi (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Applicant (Self Represented) Bartier Perry (Respondent) File Number(s): 2022/00125663 Publication restriction: Nil