Dubedat v Commissioner of Police, NSW Police Force [2023] NSWCATAD 90

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dubedat v Commissioner of Police, NSW Police Force [2023] NSWCATAD 90 Hearing dates: 20 March 2023 Date of orders: 18 April 2023 Decision date: 18 April 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: The decision under review is affirmed. Catchwords: LICENSING – firearms – fit and proper person – public interest - mental health issues – allegations of intimidatory conduct - offences Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulation 2017 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Addison v Commissioner of Police, NSW Police Force [2019] NSWCATAD 99 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Barlow v Commissioner of Police, NSW Police Force [2003] NSWADT 254 Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Esterman v Commissioner of Police, New South Wales Police Force [2014] NSWCATOD 70 Grant v Commissioner of Police [2020] NSWCATAD 158 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Ibrahim v Commissioner of Police, New South Wales Police Force [2019] NSWCATAD 41 In Hughes and Vale Pty Ltd v New South Wales (No.2) [1955] HCA 28; (1955) 93 CLR 127 Joseph v Commissioner of Police, New South Wales Police Force [2017] NSWCA 31 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 McDonald v Director General of Social Security (1984) 1FCR 353 at 357 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Re Brennan & Australian Casino Surveillance Authority (1995) 38 ALR 794 Shi v Migration Agents Registration Authority [2008] HCA 31 Sobey v Commercial Agents Board (1979) 22 SASR 70 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110 Texts Cited: Nil Category: Principal judgment Parties: Benjamin Dubedat (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Gad & Co Lawyers (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2022/00317084 Publication restriction: Pursuant to s 49 of the CAT Act, the hearing of the Application in the substantive matter insofar as it relates to the Confidential Document described in the Confidential Statement be conducted in the absence of the Applicant, the legal representative for the Applicant, and the public (Private Hearing); Pursuant to s 59 of the ADR Act, the Commissioner is not required to lodge a copy of the Confidential Document described in the Confidential Statement; Pursuant to s 64(1)(c) of the CAT Act, the publication of: any evidence given during the Private Hearing, the Confidential Document and the Confidential Statement andmatters contained in the Confidential Document and the Confidential Statement, is prohibited; Pursuant to s 64(1)(d) of the CAT Act, the disclosure of any evidence given during the Private Hearing, the Confidential Document and the Confidential Statement and matters contained in the Confidential Document and the Confidential Statement, is restricted to the Commissioner, the legal representatives for the Commissioner and the Tribunal; Pursuant to ss 64(1)(b), 64(1)(c) and 64(1)(d) of the CAT Act, the publication and reporting of the hearing of this Application, including any evidence given during the confidential hearing part of the hearing, is prohibited.