Whitfield v Commissioner of Police, NSW Police Force [2022] NSWCATAD 407

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Whitfield v Commissioner of Police, NSW Police Force [2022] NSWCATAD 407 Hearing dates: 21 November 2022 Date of orders: 22 December 2022 Decision date: 22 December 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision to revoke the Applicant's Category AB Firearms Licence is set aside. (2) In substitution of that decision the Commissioner is to reinstate the Applicant's Category AB firearms licence having regard to what conditions they believe is appropriate to the safe storage location for the registered firearms of the Applicant. Catchwords: ADMINISTRATIVE LAW - Firearms –– objects of legislation – public interest – public safety – conditions on licence Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Crimes (Sentencing Procedure) Act 1999. Firearms Act 1996 Firearms Regulation 2017 Firearms Regulation 2006 (repealed) Cases Cited: Aloschi v Commissioner of Police [2021] NSWCATAD 64 Australian Broadcasting Tribunal v Bond (1990) 94 ALR 11 Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657 Commissioner of Police, NSW Police Force v Lee [2016] NSWCATAP 234 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 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 Hardes v Commissioner of Police [2022] NSWCATAD 264 Hijazi v Commissioner of Police NSW Police [2014] NSWCATAD 148 Hook v Commissioner of Police [2020] NSWCATAD 250 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Masterson v Commissioner of Police New South Wales Police Force [2017] NSWCATAP 205 McAdam v Commissioner of Police [2022] NSWCATAD 191 Newman v Commissioner of Police NSW Police Force [2018] NSWCATAD 17 Parker v DPP (1992) 28 NSWLR 282 Rose v Commissioner of Police (No 2) [2022] NSWCATAD 26 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Webb v Commissioner of Police, New South Wales Police [2004] NSWADT 110 Texts Cited: None cited Category: Principal judgment Parties: Troy Robert Whitfield (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Mainstone Lawyers (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 2022/00181433 Publication restriction: Pursuant to s 64 (1) (b), 64 (1) (c ) and 64 (1) (d) of the Civil and Administrative Tribunal Act 2013, the publication and release of the material in those paragraphs marked '[NOT FOR PUBLICATION]' are not to be published or released to any person other than the respondent or their representative.