Rial v Commissioner of Police, NSW Police Force [2023] NSWCATAP 162

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rial v Commissioner of Police, NSW Police Force [2023] NSWCATAP 162 Hearing dates: 30 March 2023 Date of orders: 16 June 2023 Decision date: 16 June 2023 Jurisdiction: Appeal Panel Before: K Ransome, Senior Member M Deane, Senior Member Decision: (1) The appeal is allowed. (2) The decision under review is set aside. Catchwords: APPEALS – administrative review – revocation of firearms licence– whether not in the public interest for applicant to hold a firearms licence – pro-forma mental health assessment Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Comalco Aluminium (Bell Bay) Ltd v O'Connor and Others (1995) 131 ALR 657 Cominos v Di Rico [2016] NSWCATAP 5 Commissioner of Police, NSW Police Force v Holmes [2021] NSWCATAP 202 Constantin v Commissioner of Police [2013] NSWADTAP 16 Cusumano v Commissioner of Police [2001] NSWADT 50 Kavalieratos v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 117 Kopco v Commissioner of Police, New South Wales Police Force [2018] NSWCATAD 124 Laing v Commissioner of Police, NSW Police Force [2017] NSWCATAD 315 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Masterson v Commissioner of Police, New South Wales [2017] NSWCATAP 206 Minister for Home Affairs v G [2019] FCAFC 79 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ward v Commissioner of Police [2000] NSWADT 28 Texts Cited: Aronson, Groves and Weeks, Judicial Review of Administrative Action and Government Liability (Lawbook Co 7th Edition 2022) Category: Principal judgment Parties: Peter Rial (Appellant) Commissioner of Police, NSW Police Force (Respondent) Representation: Appellant (Self Represented) Crown Solicitor (Respondent) File Number(s): 2022/00358319 Publication restriction: nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal New South Wales Jurisdiction: Administrative and Equal Opportunity Division Citation: [2022] NSWCATCD 345 Date of Decision: 31 October 2022 Before: M Griffin, Senior Member File Number(s): 2022/00165883