Muratore v Commissioner of Police NSW Police Force [2017] NSWCATOD 193

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Muratore v Commissioner of Police NSW Police Force [2017] NSWCATOD 193 Hearing dates: 29 September 2016 Date of orders: 4 January 2017 Decision date: 04 January 2017 Jurisdiction: Occupational Division Before: J McAteer Senior Member Decision: 1. The decision under review in proceedings 1620188 is set aside. 2. In substitution for that decision the respondent is to re-instate the applicant's Class 1ABCDEF Class 2ABC Security Licence. 3. The decision under review in proceedings 1610441 is set aside. 4. In substitution for that decision the respondent is to re-instate the applicant's Category ABH Firearms Licence. 5. In respect of Orders (2) and (4) both licences are reinstated on the condition that the applicant / licence holder, does not associate with any current member of an OMCG. Catchwords: FIT AND PROPER - Security Industry Act – Firearms Act - Cancellation of licence - Fit and proper person – Adverse findings - Conduct absence of evidence – Onus of proof – Absence of criminal history –Absence of non compliance evidence - Weight of evidence – Findings as to fit and proper – Findings as to public interest Legislation Cited: Administrative Decisions Act 1997 Civil and Administrative Tribunal Act 2013 Crimes (Criminal Organisations Control) Act 2012 Firearms Act 1996 Firearms Regulation 2006 Security Industry Act 1997 Security Industry Regulation 2007 Cases Cited: AVS Group Australia Limited v Commissioner of Police, NSW Police Force [2012] NSW ADT 1 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Turner v Minister for Immigration and Ethnic Affairs [1981] FCA 65; (1981) 35 ALR 388 at 390 Re Repatriation Commission and McCartney (1986) 9 ALD 441 at 449; Esterman v Commissioner of Police NSW Police Force [2014] NSWCATOD 70 Sciberras v Commissioner of Police New South Wales Police Force [2015] NSWCATAD 206 R v Abdallah (No 7) [2014] NSWSC 829 IJ v Commissioner of Police, New South Wales Police Service [2003] NSWADT 230 O'Neill v Commissioner of Police NSW Police [2005] NSWADT 130 Constantin v Commissioner of Police [2013] NSWADTAP 16. Commissioner of Police v Toleafoa [1999] NSWADTAP 9. Category: Principal judgment Parties: George Muratore (Applicant) Commissioner of Police NSW Police Force (Respondent) Representation: Solicitors: G Muratore (Applicant in Person) Lindsay Taylor Lawyers (Respondent) File Number(s): 1620188 and 1610441 Publication restriction: Pursuant to section 29 (3) of the Security Industry Act 1997 and section 75 (5) of the Firearms Act 1996 paragraphs 57 – 64 inclusive are not for publication or release other than to the respondent.