Heaney v Commissioner of Police, NSW Police Force [2023] NSWCATAD 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Heaney v Commissioner of Police, NSW Police Force [2023] NSWCATAD 36 Hearing dates: 14 December 2022 Date of orders: 10 February 2023 Decision date: 10 February 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: L Andelman, Senior Member Decision: The decision of the Commissioner of Police NSW made on 30 May 2022 to refuse the firearms licence is set aside. Catchwords: LICENSING – firearms licensing – refusal to issue licence – public interest – threat of self-harm – whether Tribunal should accept expert medical evidence. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Cases Cited: 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 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Ward v Commissioner of Police, NSW Police Service [2000] NSWADT 28 Webb v Commissioner of Police, New South Wales Police [2004] NSWADT 110 Texts Cited: None Cited Category: Principal judgment Parties: Justin Heaney (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: D Hancock (Applicant)

Solicitors: Maddocks Lawyers (Respondent) File Number(s): 2022/00222556 Publication restriction: N/A