Finlay v Commissioner of Police, New South Wales Police Force [2022] NSWCATAD 352

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Finlay v Commissioner of Police, New South Wales Police Force [2022] NSWCATAD 352 Hearing dates: 15 June 2022 and 3 August 2022 (Submissions closed 3 September 2022) Date of orders: 07 November 2022 Decision date: 07 November 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision to revoke the Applicant's Category AB Firearms Licence is affirmed. (2) Pursuant to s 49 of the Civil and Administrative Tribunal Act 2013 (NCAT Act), the hearing of the application in the substantive proceedings be conducted in the absence of the applicant in the substantive proceedings, the legal representatives for the applicant in the substantive proceedings, and the public, insofar as it relates to the Confidential Material described in the Confidential Statement. (3) Pursuant to s 64(1)(c) of the NCAT Act, the publication of the Confidential Material and confidential exhibit CR1, or matters contained in the Confidential Material and confidential exhibit CR1 is prohibited. (4) Pursuant to s 64(1)(d) of the NCAT Act, the disclosure of the Confidential Material and confidential exhibit CR1, or matters contained in the Confidential Material and confidential exhibit CR1, 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 NCAT Act, the publication and recording of the confidential hearing of these preliminary proceedings, including confidential exhibit CR1 and any evidence given during the hearing, is prohibited, and the contents of all paragraphs in these reasons marked "[Not for publication]" are not to be published or released to the applicant Catchwords: ADMINISTRATIVE LAW - Firearms –– objects of legislation – public interest – public safety. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 94 ALR 11 Bladen v Commissioner of Police NSW Police Force [2015] NSWCATAD 240 Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657 Commissioner of Police, NSW Police Force v Lee [2016] NSWCATAP 234 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police NSW Police Force [2013] NSWADTAP 16 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 Lando v Commissioner of Police [2021] NSWCATAD 8 Livadaru v Commissioner of Police [2008] NSWADT 160 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Rose v Commissioner of Police (No 2) [2022] NSWCATAD 26 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69, Tannous v Commissioner of Police [2011] NSWADT 116 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Webb v Commissioner of Police, New South Wales Police [2004] NSWADT 110 Texts Cited: None cited Category: Principal judgment Parties: Alan Craig Finlay (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Mainstone Lawyers (Applicant) Bartier Perry Lawyers (Respondent) File Number(s): 2022/00054227 Publication restriction: Pursuant to s 64 (1) (b), 64 (1) (c ) and 64 (1) (d) of the Civil and Administrative Tribunal Act 2013, the publication and release of the material in those paragraphs marked '[Not for publication]' are not to be published or released to any person other than the respondent or their representative.