Mallon v Commissioner of Police, New South Wales Police Force [2022] NSWCATAD 325

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mallon v Commissioner of Police, New South Wales Police Force [2022] NSWCATAD 325 Hearing dates: 26 September 2022 Date of orders: 6 October 2022 Decision date: 06 October 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof G D Walker, Senior Member Decision: (1) Decision under review set aside. (2) A category ABC firearms licence is to be restored to the applicant. (3) Pursuant to s 64(1)(c) of the CAT Act, the publication of the Confidential Material and confidential exhibit CR4, or matters contained in the Confidential Material and confidential exhibit CR4 is prohibited. (4) Pursuant to s 64(1)(d) of the CAT Act, the disclosure of the Confidential Material and confidential exhibit CR4, or matters contained in the Confidential Material and confidential exhibit CR4, is restricted to the Commissioner, the legal representatives for the Commissioner and the tribunal. (5) Pursuant to ss 64(1)(b), 64(1)(c) and 64(1)(d) of the CAT Act, the publication and recording of the confidential hearing of these preliminary proceedings, including confidential exhibit CR4 and any evidence given during the hearing, is prohibited, and the contents of all paragraphs in these reasons marked "[Not for publication]" are not to be published or released to the applicant. Catchwords: LICENSING – firearms – licence revocation – fit and proper person – public interest – primary producer – unregistered category C rifle – community release order. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) Cases Cited: AML v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5; Australian Broadcasting Tribunal v Bond [1990] HCA 35, (1990) 170 CLR 321; Briginshaw v Briginshaw (1938) 60 CLR 316; Bronze Wing International Pty Ltd v SafeWork New South Wales [2017] NSWCA 42; Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16; Cusumano v Commissioner of Police, New South Wales Police Service [2001] NSWADT 50; Director-General, Transport for New South Wales v AIC (GD) [2011] NSWADT AP 65; Grant v Commissioner of Police, New South Wales Police Force [2020] NSWCATAD 158; Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; Hamshere v Commissioner of Police, New South Wales Police Force [2012] NSWADT 244; Harris v Commissioner of Police, New South Wales Police Force [2020] NSWCATAD 255; Hoffman v Commissioner of Police, New South Wales Police Service [2003] NSWADT 89; Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR 127; Kavalieratos v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 117; McGrath v Commissioner of Police, New South Wales Police Force [2019] NSWADT aid the 96; McDonald v Director-General, Social Services (1984) FCA 57, (1984) 1 FCR 354; Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97; Masterson v Commissioner of Police, New South Wales Police Force [2017] NSWCATAP 206; Matus v Commissioner of Police, New South Wales Police Force [2022] NSWCATAD 111; Moss v Commissioner of Police, New South Wales Police Force [2020] NSWCATAD 262; Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 1; Smith v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 184; Sterjovski v Director-General, Department of Transport [2002] NSWADT 10; 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 M Mallon (Applicant) Commissioner of Police, New South Wales Police Force (Respondent) Representation: Solicitors: Hartmann & Associates (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2022/00149179 Publication restriction: Pursuant to ss 64(1)(b), 64(1)(c) and 64(1)(d) of the CAT Act, the publication and recording of the confidential hearing of these preliminary proceedings, including confidential exhibit CR4 and any evidence given during the hearing, is prohibited, and the contents of all paragraphs in these reasons marked "[Not for publication]" are not to be published or released to the applicant.