McKee v Commissioner of Police, NSW Police Force [2023] NSWCATAD 103

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McKee v Commissioner of Police, NSW Police Force [2023] NSWCATAD 103 Hearing dates: 16 June 2022 Date of orders: 3 May 2023 Decision date: 03 May 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: L Rogers, Senior Member Decision: 1. The time for the Respondent to make an application under subsection 59(1) of the Administrative Decisions Review Act 1997 is extended to 3 June 2022. 2. The documents filed by the Respondent in the Tribunal Registry on 10 June 2022 and marked Exhibit 'Confidential R1' are not required to be lodged by the Respondent under section 58 of the Administrative Decisions Review Act. 3. The hearing of the application in the substantive proceedings is to be conducted in the absence of the Applicant, the Applicant's legal representatives and the public, in so far as it relates to the Confidential R1. 4. Publication and/or disclosure of the following is prohibited: (1) Evidence given and submissions made before the Tribunal about the contents of Confidential R1, including any recordings made of the confidential hearing on 16 June 2022. (2) The contents or matters contained in Confidential R1, other than by the Respondent. (3) The material in those paragraphs marked '[NOT FOR PUBLICATION]'. 5. The decision to refuse to grant Mr McKee a Category AB firearm licence is affirmed. Catchwords: ADMINISTRATIVE REVIEW – Firearms Act 1996 – Application for category AB firearms licence – continuous and responsible control – way of living or domestic circumstances – public interest and public safety Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Cases Cited: Bettington v Commissioner of Police [2021] NSWCATAP 110 Constantin v Commissioner of Police, NSW Police Force (GD) [2013] NSWADTAP 16 Dale v Commissioner of Police, New South Wales Police Force [2019] NSWCATAD 134 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Edwards v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2019] NSWCATAP 208 Joseph v NSW Commissioner of Police [2017] NSWCA 31 Kostov v Ecclesia Housing Limited (No 4) [2018] NSWCATAP 241 Lee v Commissioner of Police [2021] NSWCATAD 169 Mewburn v Commissioner of Police, NSW Police [2009] NSWADT 24 Pendrick v Commissioner of Police, NSW Police Force [2021] NSWCATAD 326 Pendrick v Commissioner of Police, NSW Police Force (No 2) [2022] NSWCATAD 27 Prevetera v Commissioner of Police [2021] NSWCATAD 133 Romanos v Commissioner of Police, NSW Police Force [2019] NSWCATAD 272 Sawires v Commissioner of Police [2010] NSWADT 4 State of New South Wales (Justice Health) and anor v Dezfouli [2008] NSWADTAP 69 Tolley v Commissioner of Police, NSW Police [2006] NSWADT 149 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Texts Cited: None cited Category: Principal judgment Parties: Scott McKee (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Hartmann and Associates (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2022/00045838 Publication restriction: Publication and/or disclosure of the following is prohibited: (1) Evidence given and submissions made before the Tribunal about the contents of Confidential R1, including any recordings made of the confidential hearing on 16 June 2022. (2) The contents or matters contained in Confidential R1, other than by the Respondent. (3) The material in those paragraphs marked '[NOT FOR PUBLICATION]'.