Reakes v Commissioner of Police [2022] NSWCATAD 313

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Reakes v Commissioner of Police [2022] NSWCATAD 313 Hearing dates: 23 June 2021, 28 February 2022, 1 June 2022 Date of orders: 28 September 2022 Decision date: 28 September 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior member Decision: The decision of the respondent dated 14 October 2020 to revoke the applicant's firearms licence is set aside. Catchwords: ADMINISTRATIVE LAW – Firearms – Licensing – Revocation – Whether issues of a firearms licence would be contrary to the public interest – medical history – charges of stalking and menacing driving dismissed – confidential information. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: 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 Martin v Commissioner for Police (2017) NCATAD 97 Pochi v Minister for Immigration and Ethnic Affairs (1979) 26 ALR 247; 36 FLR 482; 2 ALD 33 Reakes v Commissioner of Police [2021] NSWCATAD 26 SZOOR v Minister for Immigration and Citizenship (2012) 202 FCR 1 Texts Cited: None Category: Principal judgment Parties: Ben Joseph Reakes (Applicant) Commissioner for Police Representation: Counsel: S Orman-Hales (Applicant)