Fletcher v Commissioner of Police, NSW Police Force [2022] NSWCATAD 357

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fletcher v Commissioner of Police, NSW Police Force [2022] NSWCATAD 357 Hearing dates: 19 September 2022 Date of orders: 9 November 2022 Decision date: 09 November 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: J D Little, Senior Member Decision: (1) The decision under review is set aside. (2) The Applicant's firearms licence category ABC be reissued. (3) A condition be placed on the Applicant's firearms licence that no firearms may be stored at his residence while Stuart Andrew Fletcher resides at that residence. (4) The Applicant is to notify the Firearms Registry of the address at which the firearms described at order 2 are to be kept ("Firearm Storage Location"). This notification is to be given in writing by email or as otherwise agreed with the Firearms Registry and is to be given no later than 14 days after the firearms have been stored at that address ("Address Notification"). The Address Notification must: (a) specify the address on which the firearm is to be kept when not actually being used; (b) specify particulars of the arrangements that have been made by the licence holder for the safe keeping and storage of the firearm on those premises: and (c) certify that those arrangements comply with the requirements of the Act and the Regulation concerning the safe keeping and storage of firearms. (5) No later than 14 days after the firearms have been stored at an address other than the Firearm Storage Location, the Applicant is to provide the Address Notification in respect of that new address. Catchwords: LICENSING – firearms – fit and proper – public interest Legislation Cited: Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Cases Cited: AML v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Ayoub v Commissioner of Police, NSW Police Force [2022] NSWCATOD 137 Barlow v Commissioner of Police, New South Wales Police Service [2003] NSWADT 254 Bichler v Commissioner of Police [2009] NSWADT 27 Burey v Commissioner of Police, New South Wales Police Force [2022] NSWCATAD 344 Carroll v Commissioner of Police, New South Wales Police Force [2021] NSWCATAD 301 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police [2013] NSWADTAP 16 Coxhead v Commissioner of Police [2022] NSWCATAD 231 Director-General, Transport New South Wales v AIC (GD) [2011] NSWADTAP 65 Fisher v Commissioner of Police, New South Wales Police Force [2021] NSWCATAD 320 Gear v Commissioner for Police, NSW Police Force [2017] NSWCATAD 241 Green v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 59 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Liston v Commissioner of Police, NSW Police Force [2008] NSWADT 156 Lynch v Commissioner of Police, NSW Police Force [2014] NSWCATAD 36 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Moss v Commissioner of Police [2020] NSWCATAD 262 Prevetera v Commissioner of Police [2021] NSWCATAD 133 Robinson v Commissioner of Police, New South Wales Police Force [2022] NSWCATAD 251 Romanos v Commissioner of Police, New South Wales Police Force [2019] NSWCATAD 272 Saad v Commissioner of Police [2022] NSWCATAD 207 Smith v Commissioner of Police, NSW Police Force & NSW Fair Trading [2014] NSWCATAD 184 Wallin v Commissioner of Police, NSW Police Force [2021] NSWCATAP 368 Wallin v Commissioner of Police (No 2) [2022] NSWCATAD 83 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 Wells v Commissioner of Police, NSW Police Force [2010] NSWADT 246 Category: Principal judgment Parties: James Fletcher (Applicant) Commissioner of Police (Respondent) Representation: Counsel: Mr J Moffett (Applicant)