Quinlan v Commissioner of Police, NSW Police Force [2023] NSWCATAD 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Quinlan v Commissioner of Police, NSW Police Force [2023] NSWCATAD 3 Hearing dates: 27 September 2022 Date of orders: 09 January 2023 Decision date: 09 January 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Decision: The decision under review is set aside. Catchwords: ADMINISTRATIVE LAW - Firearms –– objects of legislation – public interest – public safety Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: Aloschi v Commissioner of Police [2021] NSWCATAD 64 AMJ v Commissioner of Police, NSW Police Force [2012] NSWADT 228 AML v Commissioner of Police, NSW Police Force [2013] NSWADT 5 Ayers v Commissioner of Police [2021] NSWCATAD 78 Brosowski v Commissioner of Police, New South Wales Police Service [2003] NSWADT 182 Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Commissioner of Police, NSW Police Force v Lee [2016] NSWCATAP 234 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 Hook v Commissioner of Police [2020] NSWCATAD 250 Jameson v Commissioner of Police [2022] NSWCATAD 274 Kavalieratos v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 117 Laing v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 315 Livadaru v Commissioner of Police [2008] NSWADT 160 Matus v Commissioner of Police [2022] NSWCATAD 111 Petricevic v Commissioner of Police, NSW Police Force [2022] NSWCATAD 24 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Webb v Commissioner of Police [2004] NSWADT 110 Texts Cited: None cited Category: Principal judgment Parties: Christopher Quinlan (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Hartmann & Associates (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2022/00167412 Publication restriction: Pursuant to s 59 of the Administrative Decisions Review Act 1997, the Respondent is not required to lodge copies of the documents, ("the Confidential Documents"), described in the confidential statement provided to the Tribunal by the Commissioner ("the Confidential Statement"). Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act (NSW) 2013, the publication (a) the Confidential Documents and the Confidential Statement and (b) matters contained in the Confidential Documents and the Confidential Statement is prohibited. Pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act (NSW) 2013, the disclosure of (a) any evidence given during the Private Hearing, (b) the Confidential Documents and the Confidential Statement and (c) matters contained in the Confidential Documents and the Confidential Statement is restricted to the Commissioner, the legal representative for the Commissioner and the Tribunal.