Babi v Commissioner of Police, NSW Police Force [2023] NSWCATAD 138

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Babi v Commissioner of Police, NSW Police Force [2023] NSWCATAD 138 Hearing dates: 2 June 2023 Date of orders: 6 June 2023 Decision date: 06 June 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: The decision under review is set aside and the Applicant is granted a Category A firearms licence. Catchwords: LICENSING – firearms – victim of domestic violence – perpetrator now deceased - public interest – mistaken belief Applicant could train son to shoot – understanding of participation requirements -relevance of coronial inquest Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: Brosowski v Commissioner of Police, New South Wales Police Service [2003] NSWADT 182 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 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 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 Shi v Migration Agents Registration Authority [2008] HCA 31 Sobey v Commercial Agents Board (1979) 22 SASR 70 Stamatelatos v Commissioner of Police, NSW Police Force 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: Andrew Babi (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Applicant (Self-represented) Maddocks Lawyers (Respondent) File Number(s): 2023/00011803 Publication restriction: nil