Kocic v Commissioner of Police, NSW Police Force [2023] NSWCATAD 32

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kocic v Commissioner of Police, NSW Police Force [2023] NSWCATAD 32 Hearing dates: 30 November 2022 Date of orders: 8 February 2023 Decision date: 08 February 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: L Andelman, Senior Member Decision: The respondent's decision is affirmed. Catchwords: LICENSING – firearms licensing – refusal to issue licence – public interest – fit and proper person – failure to change storage address- criminal association - confidential evidence. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Cases Cited: Austin v Commissioner of Fair Trading [2016] NSWCATAP 179 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Comalco Aluminium (Bell Bay) Ltd v O'Connor and Ors [1995] IRCA 540; (1995) 131 ALR 657 Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16 Davos v Commissioner of Police [2013] NSWADT 7 Hamid v Commissioner of Police, New South Wales Police Force [2018] NSWCATAD 43 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Hughes & Vale Pty Ltd v State of New South Wales [1955] HCA 28; (1955) 93 CLR 127 Ward v Commissioner of Police, NSW Police Service [2000] NSWADT 28 Texts Cited: Nil Category: Principal judgment Parties: Senad Kocic (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Hartmann & Associates (Applicant) Crown Solicitor (Respondent) File Number(s): 2022/00134186 Publication restriction: 1. Pursuant to s49 of the Civil and Administrative Tribunal Act 2013 (CAT Act) the hearing of the application in the substantive hearings be conducted in the absence of the applicant, the legal representatives of the applicant and the public insofar as it relates to the information contained in the documents referred to in the confidential affidavit; 2. Pursuant to s64(1)(c) of the CAT Act, the publication of any evidence given during the private hearing and confidential material be prohibited; 3. Pursuant to s64(1)(d) of the CAT Act, the disclosure to the applicant and his legal representatives of any evidence given during the private hearing and the confidential material is prohibited; 4. Pursuant to s64(1)(b), s64(1)(c) and s64(1)(d) of the CAT Act, the transcript and recording of the private hearing is not to be published or disclosed to the applicant, the legal representatives of the applicant or the public; 5. Pursuant to s59(1) of the Administrative Decisions Review Act 1997, the respondent is not required to lodge copies of the documents referred to in the confidential affidavit.