FMW v Commissioner of Police, NSW Police Force [2022] NSWCATAD 359

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FMW v Commissioner of Police, NSW Police Force [2022] NSWCATAD 359 Hearing dates: 24 August 2022 Date of orders: 10 November 2022 Decision date: 10 November 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Decision: 1. The decision to revoke the applicant's Minor's Firearm Training Permit Firearms Licence is set aside. 2. The Commissioner of Police is to issue to the applicant a Minor's Firearm Training Permit Firearms Licence forthwith. Catchwords: ADMINISTRATIVE LAW - Firearms –– objects of legislation – public interest – public safety Legislation Cited: Administrative Decisions Review Act 1997 Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulation 2017 Firearms Act Firearms Act 1996 Firearms Regulation 2017 Cases Cited: Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Commissioner of Police, NSW Police Force v Lee [2016] NSWCATAP 234 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 Livadaru v Commissioner of Police [2008] NSWADT 160 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Texts Cited: None cited Category: Principal judgment Parties: FMW (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Mainstone Lawyers (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2022/00127334 Publication restriction: Pursuant to s 64 (1) (a) of the Civil and Administrative Tribunal Act 2013, the publication of the name of the applicant is prohibited.