Ashton v Commissioner of Police, NSW Police Force [2023] NSWCATAD 6

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ashton v Commissioner of Police, NSW Police Force [2023] NSWCATAD 6 Hearing dates: 1 June 2022 Date of orders: 09 January 2023 Decision date: 09 January 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: L Rogers, Senior Member Decision: The decision of the Respondent to revoke the Applicant's category ABG firearms licence is set aside. Catchwords: ADMINISTRATIVE REVIEW – Firearms Act 1996 – revocation of category ABG firearms licence – public safety – mental health condition and physical disability – "argumentative" interactions with inspecting Police officers Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: AML v Commissioner of Police, NSW Police Force [2013] NSWADT 5 Cross v Commissioner of Police, New South Wales Police Force [2018] NSWCATAD 26 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Johns v Commissioner of Police, New South Wales Police Force [2021] NSWCATAD 283 Prevetera v Commissioner of Police [2021] NSWCATAD 133 Sweet v Commissioner of Police, New South Wales Police Service [2000] NSWADT 185 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: Nil Category: Principal judgment Parties: Gregory Ashton (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant (Self Represented) HWL Ebsworth Lawyers (Respondent) File Number(s): 2022/00039111 Publication restriction: Nil