Douglas v Commissioner of Police, NSW Police Force [2023] NSWCATAD 141

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Douglas v Commissioner of Police, NSW Police Force [2023] NSWCATAD 141 Hearing dates: 24 March 2023 Date of orders: 07 June 2023 Decision date: 07 June 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: L Andelman, Senior Member Decision: The decision under review is set aside. Catchwords: LICENSING – firearms licensing – refusal to issue licence – genuine reason for requiring firearm – public interest - insufficient understanding of the obligations under the Firearms Act Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Cases Cited: Constantin v Commissioner of Police [2013] NSWADTAP 16 at [33]. Douglas v Commissioner of Police [2022] NSWCATAD 252 Heaney v Commissioner of Police, NSW Police Force [2023] NSWCATAD 36 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Lucas v Commissioner of Police, New South Wales Police Service [2021] NSWCATAD 268 Texts Cited: None cited Category: Principal judgment Parties: Michael Douglas (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Applicant (Self Represented) Maddocks Lawyers (Respondent) File Number(s): 2022/00378495 Publication restriction: N/A

REASONS FOR DECISION

Introduction 1. This is an application by Mr Douglas (the applicant) seeking a review of the decision of the Commissioner of Police (the Commissioner or the respondent) to refuse the Category AB firearms licence in a decision made on 2 December 2022 under the Firearms Act 1996 (NSW) (Firearms Act). 2. Mr Douglas held a Category AB firearms licence since 2010 for the genuine reason of recreational hunting/vermin control. The licence was revoked in October 2020 due to concerns of the Firearms Registry that public safety would be at risk if Mr Douglas continued to have access to firearms. 3. Mr Douglas challenged that decision in this Tribunal and on 3 July 2022 the Tribunal affirmed the Commissioner's decision in Douglas v Commissioner of Police [2022] NSWCATAD 252 (Douglas Decision). The following paragraphs of the decision have some relevance to the matters the Tribunal has to determine in this application: [82] … I am not satisfied that the history of complaints and charges leads to the finding that the Applicant is not a fit and proper person to hold a firearms licence. [83] However, the evidence before me suggests that the Applicant has not complied with his obligations under section 69 of the Act. I am concerned that he does not have sufficient knowledge of his obligations under the Act. [84] As the Tribunal noted in Lukas v Commissioner of Police [2021] NSWCATAD 268, the public interest requires that licensees are aware of and comply with the legislative requirements. Public safety requires that licensees maintain their level of understanding of their obligations as a licensee. [85] In my view, the Applicant should not be allowed to hold a licence until he is able to satisfy the Commissioner that he has sufficient knowledge and understanding of his obligations particularly in regard to the requirement to notify change of address. This would require that he undertake a firearms safety course. [86] As I have noted, I have no concerns in regard to the Applicant's fitness and propriety and if he is able to satisfy the Commissioner that he has completed a firearms safety course and if he reapplies for the licence, the Commissioner may adopt a different view to that taken in regard to this matter. [87] If the Applicant's employment has been affected by the revocation of his firearms licence he may also wish to reconsider whether a licence for the genuine reason of recreational hunting/vermin control meets his requirements.