Kemball v Commissioner of Police, NSW Police Force [2023] NSWCATAD 104

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kemball v Commissioner of Police, NSW Police Force [2023] NSWCATAD 104 Hearing dates: 31 August 2022 Date of orders: 04 May 2023 Decision date: 04 May 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: J Gatland, Senior Member Decision: (1) The decision under review is set aside. (2) In lieu thereof, order that the Applicant be issued with a category AB firearms licence for the genuine reasons of recreational hunting/vermin control on condition that he provides the Respondent with evidence of renewed membership with an appropriate hunting club or evidence that he has permission to shoot from the owner or occupier of rural land. (3) The publication and disclosure to the Applicant of evidence read or tendered by the Respondent on a confidential basis and in his absence is restricted to the Respondent and her legal representatives only, pursuant to the Civil and Administrative Tribunal Act, 2013 (NSW), ss 64(1)(c) and 61(1)(d). (4) Pursuant to the Civil and Administrative Tribunal Act, 2013 (NSW), ss 64(1)(c) and 61(1)(d) of the transcript and recording of that part of the hearing in these proceedings that took place in the absence of the Applicant and the contents of all paragraphs in these Reasons marked "[NOT FOR PUBLICATION]" are not to be published or released to the Applicant or the public. Catchwords: ADMINISTRATIVE REVIEW – firearms licence – revocation – whether applicant fit and proper person – whether in the public interest to continue to hold a licence Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Crimes Act 1990 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Procedure Act 1986 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2017 Summary Offences Act 1998 (NSW) Cases Cited: AML v Commissioner of Police, NSW Police Force [2013] NSWADT 5 Austin v Commissioner of Fair Trading [2016] NSWCATAP 179 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Barlow v Commissioner of Police, New South Wales Police Service [2003] NSWADT 254 Comalco Aluminium (Bell Bay) Ltd v O'Connor & Ors (1995) 61 IR 455 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police [2013] NSWATAP 16 Cruickshank v Commissioner of Police [2022] NSWCATAD 115 Cusumano v Commissioner of Police, NSW Police Service [2011] NSWADT 50 Dale v Commissioner of Police, NSW Police Force [2019] NSWCATAD 134 El-Ashrafi v Commissioner of Police, NSW Police Force [2017] NSWCATAD 103 Hughes and Vale Pty Ltd v New South Wales (No.2) [1955] HCA 28 Keegan-Jaques v Commissioner of Police [2017] NSWCATAD 145 Laing v Commissioner of Police New South Wales Police Force [2017] NSWCATAD 315 Madziala v Commissioner of Police, NSW Police Force [2021] NSWCATAD 269 Martin v Commissioner of Police, NSW Police Force [2010] NSWADT 276 McDonald v Director-General of Social Security (1984) 1 FCR 354 Meacham v Commissioner of Police [2020] NSWCATAP 107 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 O'Sullivan v Farrer (1989) 168 CLR 210 Petas v Commissioner of Police, NSW Police Force [2013] NSWADT 137 Tannous v Commissioner of Police [2011] NSWADT 116 Ward v Commissioner of Police [2000] NSWADT 28 Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110 Texts Cited: None cited Category: Principal judgment Parties: Robert Kemball (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Applicant (Self Represented) McCullough Robertson (Respondent) File Number(s): 2022/00056003 Publication restriction: Pursuant to the Civil and Administrative Tribunal Act, 2013 (NSW), ss 64(1)(c) and 64(1)(d), the contents of all paragraphs in these Reasons marked "[NOT FOR PUBLICATION]" are not to be published or released to the Applicant or the public.