GGW v Commissioner of Police, New South Wales Police Force [2023] NSWCATAD 155

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GGW v Commissioner of Police, New South Wales Police Force [2023] NSWCATAD 155 Hearing dates: 7 June 2023 Date of orders: 19 June 2023 Decision date: 19 June 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof G D Walker, Senior Member Decision: (1) Decision under review is affirmed. (2) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act (CAT Act), the publication of the Confidential Material and confidential exhibit CR3, or matters contained in the Confidential Material and confidential exhibit CR3 is prohibited. (3) Pursuant to s 64(1)(d) of the CAT Act, the disclosure of the Confidential Material and confidential exhibit CR3, or matters contained in the Confidential Material and confidential exhibit CR3, is restricted to the Commissioner, the legal representatives for the Commissioner and the tribunal. (4) Pursuant to ss 64(1)(b), 64(1)(c) and 64(1)(d) of the CAT Act, the publication and recording of the confidential hearing of these proceedings, including confidential exhibit CR3 and any evidence given during the hearing, is prohibited, and the contents of all paragraphs in these reasons marked "[Not for publication]" are not to be published or released to the applicant. Catchwords: LICENSING – firearms – licence refusal – fit and proper person – public interest – criminal history – domestic circumstances – OMCGs Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33, (1990) 170 CLR 321; Azzopardi v Commissioner of Police, New South Wales Police Force [2013] NSWADT 205; Barlow v Commissioner of Police, New South Wales Police Service [2003] NSWADT 254; Briginshaw v Briginshaw (1938) 60 CLR 316; Bronze Wing International Pty Ltd v SafeWork New South Wales [2017] NSWCA 42; Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16; Cusumano v Commissioner of Police, New South Wales Police Force [2001] NSWADT 50; Director-General, Transport New South Wales v AIC (GD) [2011] NSWADTAP 65; Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218; 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; Kocic v Commissioner of Police, New South Wales Police Force [2014] NSWCA 368; Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97; McDonald v Director-General of Social Security [1984] FCA 57, (1984) 1 FCR 354; Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10; Sciberra v Commissioner of Police, New South Wales Police Force [2015] NSWCATAD 206; Smith v Commissioner of Police, New South Wales Police Force and New South Wales Fair Trading [2014] NSWCATAD 184; Stealth Enterprises Pty Ltd v Calliden insurance Ltd [2015] NSWSC 1270; Sterjovski v Director-General, Department of Transport [2002] NSWADT 10; Tolley v Commissioner of Police, New South Wales Police Service [2006] NSWADT 149; Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110; White v Commissioner of Police, New South Wales Police Force [2022] NSWCATAD 336. Texts Cited: Nil Cited Category: Principal judgment Parties: GGW (Applicant) Commissioner of Police, New South Wales Police Force (Respondent) Representation: Applicant in person Solicitors: Lindsay Taylor Lawyers (Respondent) File Number(s): 2023/00004292 Publication restriction: (1) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act (CAT Act), the publication of the Confidential Material and confidential exhibit CR3, or matters contained in the Confidential Material and confidential exhibit CR3 is prohibited