Dhu v Commissioner of Police, NSW Police Force [2023] NSWCATAD 12

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dhu v Commissioner of Police, NSW Police Force [2023] NSWCATAD 12 Hearing dates: 26 May 2022; 4 August 2022 Date of orders: 17 January 2023 Decision date: 17 January 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The decision under review is affirmed. Catchwords: Administrative Law – firearms licence – revocation - where applicant diagnosed with PTSD, depression, and anxiety – where ongoing treatment – failure to declare ongoing treatment – whether holding firearms licence contrary to the public interest – whether Applicant has a need for a firearms licence Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Firearms Act 1996 Firearms Regulation 2017 (NSW) Cases Cited: Austrac Operations Pty Ltd (in liq) v New South Wales [2003] FCA 1013, BC 200305547 Clay v Commissioner of Police, NSW Police Force [2018] NSWCATAD 49 Comalco Aluminium (Bell Bay) Ltd v O'Connor and Others (1995) 131 ALR 657 Constantin v Commissioner of Police [2013] NSWADTAP 16 Cusumano v Commissioner of Police [2001] NSWADT 50 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Kogias v Commissioner of Police [2020] NSWCATAD 297 LY v Commissioner of Police, NSW Police [2004] NSWADT 115 at paragraphs [41] - [43]: Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 New South Wales v Taylor (2001) 178 ALR 32 Ward v Commissioner of Police [2000] NSWADT 28 Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110 Texts Cited: None cited Category: Principal judgment Parties: Dean William Dhu (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Everingham Solomons Solicitors (Applicant) Lyndsay Taylor Lawyers (Respondent) File Number(s): 2021/00219838 Publication restriction: Section 64 of the Civil and Administrative Tribunal Act 2013 applies to those paragraphs of these reasons identified as [Not for publication]. The information contained in those paragraphs is not to be disclosed other than to the parties and their legal advisors without further order of the Tribunal.