Metleg v Commissioner of Police, NSW Police Force [2023] NSWCATAD 17

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Metleg v Commissioner of Police, NSW Police Force [2023] NSWCATAD 17 Hearing dates: 21 March 2022 Date of orders: 18 January 2023 Decision date: 18 January 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: J Gatland, Senior Member Decision: 1. The decision under review is affirmed. 2. The publication and disclosure to the Applicant of evidence read or tendered by the Respondent on a confidential basis and in his absence is restricted to the Respondent and her legal representatives only, pursuant to ss 64(1)(c) and (d) of the Civil and Administrative Tribunal Act, 2013 (NSW). 3. Pursuant to ss 64(1)(c) and (d) of the Civil and Administrative Tribunal Act, 2013 (NSW), the transcript and recording of that part of the hearing in these proceedings that took place in the absence of the Applicant and his representatives and the contents of all paragraphs in these Reasons marked "[NOT FOR PUBLICATION]" are not to be published or released to the Applicant or the public. 4. Pursuant to s 49 of the Civil and Administrative Tribunal Act, 2013 (NSW), the transcript and recording of the balance of the hearing on 21 March 2022 is not to be published or released to the public. Catchwords: ADMINISTRATIVE REVIEW – firearms licence – revocation – whether applicant fit and proper person – whether in the public interest to continue to hold a licence – whether risk to public safety Legislation Cited: Firearms Act 1996 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Administrative Decisions Review Act 1997 (NSW) Cases Cited: AML v Commissioner of Police, NSW Police Force [2013] NSWADT 5 Austin v Commissioner of Fair Trading [2016] NSWCATAP 179 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Barlow v Commissioner of Police, New South Wales Police Service [2003] NSWADT 254 Comalco Aluminium (Bell Bay) Ltd v O'Connor & Ors (1995) 61 IR 455 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police [2013] NSWATAP 16 Cruickshank v Commissioner of Police [2022] NSWCATAD 115 Cusumano v Commissioner of Police, NSW Police Service [2011] NSWADT 50 Dale v Commissioner of Police, NSW Police Force [2019] NSWCATAD 134 El-Ashrafi v Commissioner of Police, NSW Police Force [2017] NSWCATAD 103 Hamid v Commissioner of Police, New South Wales Police Force [2018] NSWCATAD 43 Hughes and Vale Pty Ltd v New South Wales (No.2) [1955] HCA 28 Kammoun v Commissioner of Police, NSW Police Force [2021] NSWCATAD 273 Keegan-Jaques v Commissioner of Police [2017] NSWCATAD 145 Laing v Commissioner of Police New South Wales Police Force [2017] NSWCATAD 315 Madziala v Commissioner of Police, NSW Police Force [2021] NSWCATAD 269 Martin v Commissioner of Police, NSW Police Force [2010] NSWADT 276 McDonald v Director-General of Social Security (1984) 1 FCR 354, 357 Metleg v Commissioner of Police [2021] NSWCATAD 358 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Petas v Commissioner of Police, NSW Police Force [2013] NSWADT 137 Tannous v Commissioner of Police [2011] NSWADT 116 Tolley v Commissioner of Police, NSW Police Service [2006] NSWADT 149 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: Mustafa Metleg (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: C Nowlan (Applicant) A Mykkelvedt (Respondent)