Whitfield v Commissioner of Police, NSW Police Force [2022] NSWCATAD 405

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Whitfield v Commissioner of Police, NSW Police Force [2022] NSWCATAD 405 Hearing dates: 1 December 2022 Date of orders: 21 December 2022 Decision date: 21 December 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: M Griffin, Senior Member Decision: (1) The decision under review is set aside. (2) A Category ABH firearms licence is to issue to the Applicant. Catchwords: ADMINISTRATIVE LAW – Firearms – Licensing –- Domestic Circumstances - Public Interest Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) 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 Director of Public Prosecutions v Smith [1991] 1 VR 63 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Hoffman v Commissioner of Police, New South Wales Police Service [2003] NSWADT 89 Lee v Commissioner of Police [2020] NSWCATAD 144 at [94] LY v Commissioner of Police, NSW Police [2004] NSWADT 115 Masterson v Commissioner of Police, New South Wales Police Force [2017] NSWCATAP 206 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Petas v Commissioner of Police, NSW Police Force [2013] NSWADT 137 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Webb v Commissioner of Police, NSW Police Force [2004] NSWADT 110 Texts Cited: Nil Category: Principal judgment Parties: Robert Whitfield (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Mainstone Lawyers (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 2022/00143618 Publication restriction: Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW), the Confidential Statement of Senior Constable Kaluski is not to be published or released to the Applicant or the public.