Elley v Commissioner of Police, New South Wales Police Force [2022] NSWCATAD 351

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Elley v Commissioner of Police, New South Wales Police Force [2022] NSWCATAD 351 Hearing dates: 27 October 2022 Date of orders: 4 November 2022 Decision date: 04 November 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof G D Walker, Senior Member Decision: 1. Decision under review affirmed. 2. Pursuant to s 64(1)(c) of the CAT Act, the publication of the Confidential Material and confidential exhibit CR2, or matters contained in the Confidential Material and confidential exhibit CR2 is prohibited. 3. Pursuant to s 64(1)(d) of the CAT Act, the disclosure of the Confidential Material and confidential exhibit CR2, or matters contained in the Confidential Material and confidential exhibit CR2, is restricted to the Commissioner, the legal representatives for the Commissioner and the tribunal. 4. 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 proceedings, including confidential exhibit CR2 and any evidence given during the hearing, is prohibited, and the contents of all paragraphs in these reasons marked "[NOT FOR PUBLICATION]" are not to be published or released to the applicant.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 refusal – confidential evidence -- fit and proper person – public interest – domestic disputes – AVO against ex-wife – mental health. 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: Australian Broadcasting Tribunal v Bond [1990] HCA 33, (1990) 170 CLR 321; Barlow v Commissioner of Police, New South Wales Police Service [2003] NSWADT 254; Bilanenko v Commissioner of Police [2022] NSWCATAD 76; 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 Force [2001] NSWADT 50; Director-General, Transport New South Wales v AIC (GD) [2011] NSWADT AP 65; Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; Elley v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 354; Grant v Commissioner of Police, New South Wales Police Force [2020] NSWCATAD 158; Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218; Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR 127; Johnston v Commissioner of Police [2021] NSWCATAD 231; Kavalieratos v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 117; Keegan Jacques v Commissioner of Police [2017] NSWCATAD 145; Kocic v Commissioner of Police, New South Wales Police Force [2014] NSWCA 368; Leviny v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 106; Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97; McDonald v Director-General of Social Security [1984] FCA 57, (1984) 1 FCR 354 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10; Re Cousens and Minister for Immigration and Citizenship [2007] AATA 1426; Smith v Commissioner of Police, New South Wales Police Force and New South Wales Fair Trading [2014] NSWCATAD 184; Sterjovski v Director-General, Department of Transport [2002] NSWADT 10; Tolley v Commissioner of Police, New South Wales Police Service [2006] NSWADT 149; 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: Donald M Elley (Applicant) Commissioner of Police, New South Wales Police Force (Respondent) Representation: Solicitors: J Sutton Associates (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 2022/00181745 Publication restriction: See above.