Fitzgerald v Commissioner of Police, NSW Police Force [2023] NSWCATAD 142

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fitzgerald v Commissioner of Police, NSW Police Force [2023] NSWCATAD 142 Hearing dates: 24 June 2022 Date of orders: 07 June 2023 Decision date: 07 June 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: L Rogers, Senior Member Decision: The decision of the Respondent to revoke the Applicant's Category AB firearm licence is affirmed. Catchwords: ADMINISTRATIVE REVIEW – Firearms Act 1996 – revocation of category AB firearms licence – fit and proper person – public interest – pattern of "aggressive behaviour" Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: Barlow v Commissioner of Police, New South Wales Police Service [2003] NSWADT 254 Commissioner of Police, NSW South Wales Police v Mercer [2005] NSWADTAP 55 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Joseph v NSW Commissioner of Police [2017] NSWCA 31 Texts Cited: None cited Category: Principal judgment Parties: Dean Fitzgerald (Applicant) Commissioner of Police (Respondent) Representation: Applicant (Self Represented) Bartier Perry Lawyers (Respondent) File Number(s): 2022/00013734 Publication restriction: (1) Pursuant to section 64(1)(c) of the Civil and Administrative Tribunal Act 2013, publication of the material filed by the Respondent on 17 March 2022, consisting of documents concerning a third party ('third party documents') is prohibited. (2) Pursuant to section 64(1)(d) of the Civil and Administrative Tribunal Act 2013 disclosure of the third party documents or matters contained in the third party documents is restricted to Mr Fitzgerald, the Commissioner of Police, the legal representatives for each party and the Tribunal. (3) Publication of the material in those paragraphs marked '[NOT FOR PUBLICATION]' is prohibited.