Rasko v Commissioner of Police, NSW Police Force [2022] NSWCATAD 414

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rasko v Commissioner of Police, NSW Police Force [2022] NSWCATAD 414 Hearing dates: 14 February 2022 Date of orders: 23 December 2022 Decision date: 23 December 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: K Mobbs, Senior Member Decision: (1) The decision under review is affirmed. (2) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013, the publication of (a) any evidence given during the Confidential Hearing, (b) the confidential documents (exhibit CR3), and (c) matters contained in the confidential documents (exhibit CR3) is prohibited. (3) Pursuant to s 64(1)(d) of the CAT Act, the disclosure of (a) any evidence given during the Confidential Hearing, (b) the confidential documents (exhibit CR3), and (c) matters contained in the confidential documents is prohibited. (4) Pursuant to ss 64(1)(b) and 64(1)(c) of the Civil and Administrative Tribunal Act 2013, the publication and reporting of the hearing of the Application by the Respondent, including any evidence given during the Confidential Hearing, is prohibited. (5) Except pursuant to order (6) below, all paragraphs marked "[NOT FOR PUBLICATION]" are not to be published pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013. (6) A copy of these reasons, without redaction, shall be released to the Respondent. Catchwords: Administrative Law – Firearms licence refusal - fit and proper person - criminal offences Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Weapons Prohibition Act 1998 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 94 ALR 11, 65; (1990) 170 CLR 321 Barlow v Commissioner of Police, New South Wales Police Service [2003] BSWADT 254 Director-General, Transport New South Wales v AIC (GD) [2011] NSWADTAP 65 Esterman v Commissioner of Police, New South Wales Police Force [2014] NSWCATOD 70 Hughes and Vale Pty Ltd v New South Wales (No.2) (1955) 93 CLR 127 Joseph v Commissioner of Police, New South Wales Police Force [2017] NSWCA 31 McDonald v Director-General of Social Security (1984) 1 FCR 354 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Shi v Migration Agents Registration Authority [2008] HCA 31 Smith v Commissioner of Police, New South Wales Police Force and NSW Fair Trading [2014] NSWCATAD 184 Sobey v Commercial and Private Agents Board [1979] 22 SASR 70 Category: Principal judgment Parties: David Andrew Bela Rasko (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: C Nowlan (Applicant)