Neorchik v Commissioner of Police, NSW Police Force [2023] NSWCATAD 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Neorchik v Commissioner of Police, NSW Police Force [2023] NSWCATAD 58 Hearing dates: 24 October 2022 Date of orders: 16 March 2023 Decision date: 16 March 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: In matter number 2022/99690: (1) The decision by the Commissioner of Police, NSW Police Force to revoke the Applicant's firearm's licence is set aside. In matter number 2022/192155: (1) The decision by the Commissioner of Police, NSW Police Force to refuse the Applicant's application for a firearm's licence is set aside. (2)The decision is made that the Applicant's application for a firearm's licence is granted. Catchwords: Administrative Law – Licensing – firearms – revocation of licence – refusal of licence application - fit and proper person – public interest Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: None cited Texts Cited: None cited Category: Principal judgment Parties: David Neorchik (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Applicant (Self Represented) McCullough Robertson (Respondent) File Number(s): 2022/99690 and 2022/192155 Publication restriction: Nil

Reasons for Decision