Mair v Commissioner of Police [2023] NSWCATAD 116

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mair v Commissioner of Police [2023] NSWCATAD 116 Hearing dates: 2 May 2023 Date of orders: 23 May 2023 Decision date: 23 May 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: T Simon, Principal Member Decision: 1. The decision of the Commissioner to refuse the applicant's application for a category B firearms licence is set aside. 2. The decision is made that the Applicant's application for a category B firearms licence is granted. Catchwords: FIREARMS ACT – firearms – contrary to the public interest Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Firearms Act 1996 (NSW) Cases Cited: Kocic v Commissioner of Police, NSW Police Force [2014] NSWCA 368 Category: Principal judgment Parties: Darren Mair (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors Paladin Law (Applicant) Maddocks Lawyers (Respondent) File Number(s): 2022/00269583 Publication restriction: Nil

Reasons for Decsion 1. This is an application for review of a decision made by the Commissioner of Police (the Commissioner) refusing an application for a Category B firearms licence. 2. The Tribunal has decided to set aside the Commissioner's decision to refuse the firearms license.

Background 1. Mr Mair applied for a firearms licence on 17 January 2012 and was first issued with a Category AB firearms licence on 9 March 2012 which had an expiry date of 25 April 2017. 2. The applicant reapplied for his firearms licence. The reapplication form is signed by Mr Mair and dated 24 April 2017. It is stamped as received by the Firearms Registry on 4 May 2017. 3. The Firearms Registry informed Mr Mair, in correspondence dated 26 May 2017, that because the re-application was received after the licence expiration on 25 April 2017, that he needed to complete an 'all relevant application/genuine reason form/s'. The letter also stated that failure to supply the required information within 28 days would result in the application being refused. 4. On 13 June 2017, the Firearms Registry received an application from Mr Mair indicating he was reapplying for a category A and Category B license and marking the genuine reasons as recreational hunting/vermin control, business or employment and vertebrate pest animal control. 5. On 15 July 2020, some 3 years after the application was made, it was determined that Mr Mair's re-application for a licence should be refused on the basis that the issuing of a firearms licence would be contrary to the public interest. 6. Police attended Mr Mair's residence on 30 July 2020 and took possession of his firearms licence and his rifle. 7. On 12 September 2021, Mr Mair made an application online for a Category B personal firearms licence. Mr Mair stated his genuine reason for the firearms licence was to shoot on rural land, based on being the owner of rural land. No other genuine reason was identified. 8. On 28 June 2022, the Commissioner refused Mr Mair's application for a Category B firearms licence, on the basis that the issuing of a firearms licence would be contrary to the public interest. Mr sought an internal review of this decision on 25 July 2022. 9. It is the decision of 28 June 2022 to refuse the application for a category B licence which is the subject of review in these proceedings.