Gardiner v Commissioner of Police, NSW Police Force [2022] NSWCATAD 383

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gardiner v Commissioner of Police, NSW Police Force [2022] NSWCATAD 383 Hearing dates: 5 October 2022 Date of orders: 1 December 2022 Decision date: 01 December 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: L Andelman, Senior Member Decision: The Respondent's decision is affirmed. Catchwords: LICENSING – firearms licensing – refusal to issue licence – public interest Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Cases Cited: Comalco Aluminium (Bell Bay) Ltd v O'Connor and Ors [1995] IRCA 540; (1995) 131 ALR 657 Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16 Davos v Commissioner of Police [2013] NSWADT 7 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Martin v Commissioner of Police, NSW Police Service [2017] NSWADT 97 Ward v Commissioner of Police, NSW Police Service [2000] NSWADT 28 Category: Principal judgment Parties: Clinton Tait Gardiner (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Self-represented (Applicant) Bartier Perry (Respondent) File Number(s): 2022/00184737 Publication restriction: N/A

REASONS FOR DECISION 1. This is an application by Mr Gardiner seeking a review of the decision of the Commissioner of Police (the Commissioner) to refuse the Category AB firearms licence in a letter dated 31 May 2022. 2. For the reasons that follow, the Tribunal affirms the Commissioner's decision.