Webel v Commissioner of Police, NSW Police Force [2023] NSWCATAD 149

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Webel v Commissioner of Police, NSW Police Force [2023] NSWCATAD 149 Hearing dates: 15 February 2023 Date of orders: 16 June 2023 Decision date: 16 June 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: (1) The decision under review is set aside. (2) The application for a category AB firearms licence is granted on condition that he provides the Respondent with evidence to substantiate that has a genuine reason for possessing or using firearms. Catchwords: Administrative Law – firearms licence – refusal of licence application – whether applicant fit and proper person – whether in the public interest to hold a licence - whether the Applicant is of sound mind - whether the Applicant is able to exercise continuous and responsible control over firearms Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Criminal Injuries Compensation Act 1967 Crimes Act 1900 Cases Cited: Austrac Operations Pty Ltd (in liq) v New South Wales [2003] FCA 1013, BC 200305547 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 and Ors (1995) 131 ALR Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Commissioner of Police, NSW Police Force v Lee [2016] NSWCATAP 234 Constantin v Commissioner of Police, NSW Police Force [2013] NSWADTAP 16. Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Director of Public Prosecutions v Smith [1991] VicRp 6; (1991) 1 VR 63 Director-General, Transport New South Wales v AIC (GD) [2011] NSWADTAP 65 Green v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 59 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Hoffman v Commissioner of Police, New South Wales Police Service [2003] NSWADT 89 Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR 127 Kavalieratos v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 117 LY v Commissioner of Police, NSW Police [2004] NSWADT 115 Minister for Immigration and Citizenship v Li [2013] 297 ALR 225 New South Wales v Taylor (2001) 178 ALR 32 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28 R v Edmund George Webel (Unreported, Maxwell J, Supreme Court of New South Wales, 9 February 1988) R v Field [1982] 1 NSWLR 488 Smith v Commissioner of Police, New South Wales Police Force and NSW Fair Trading [2014] NSWCATAD 184 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Walters J said: Sweet v Commissioner of Police, New South Wales Police Service [2000] NSWADT 185 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: None cited Category: Principal judgment Parties: George Webel (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Applicant (Self Represented) Makinson d'Apice Lawyers (Respondent) File Number(s): 2022/00118299 Publication restriction: Nil