Talbot v Commissioner of Police, NSW Police Force [2022] NSWCATAD 389

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Talbot v Commissioner of Police, NSW Police Force [2022] NSWCATAD 389 Hearing dates: 28 November 2022 Date of orders: 5 December 2022 Decision date: 05 December 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: 1. The decision under review is set aside. 2. A category AB firearms licence is to be issued to the Applicant. Catchwords: LICENSING – firearms – alcohol-related driving offences -allegations of assault found not proven to criminal standard - conflicting accounts – public interest Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: AML v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5 Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Esterman v Commissioner of Police, New South Wales Police Force [2014] NSWCATOD 70 Joseph v Commissioner of Police, New South Wales Police Force [2017] NSWCA 31 Lee v Commissioner of Police, NSW Police Force [2020] NSWCATAS 144 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 McDonald v Director General of Social Security (1984) 1FCR 353 at 357 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Petas v Commissioner of Police, NSW Police Force [2013] NSWADT 137 Shi v Migration Agents Registration Authority [2008] HCA 31 Stamatelatos v Commissioner of Police, NSW Police Force Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Texts Cited: Nil Category: Principal judgment Parties: Brett Talbot (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Turner Freeman (Applicant) McCulloch Robertson (Respondent) File Number(s): 2022/00175936 Publication restriction: In addition to the Orders made by the Tribunal on 28 September 2022, I make the following order: (1) Pursuant to ss 64(1)(b), 64(1)(c) and 64(1)(d) of the Civil and Administrative Tribunal Act 2013, the transcript and recording of the confidential hearing in the proceeding on 28 November 2022 and the contents of paragraphs in these Reasons marked '[NOT FOR PUBLICATION]' are not to be published or released to the Applicant, his legal representatives, or the public.