Jardine v Commissioner of Police, NSW Police Force [2023] NSWCATAD 175

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jardine v Commissioner of Police, NSW Police Force [2023] NSWCATAD 175 Hearing dates: 19 May 2023 Date of orders: 06 July 2023 Decision date: 06 July 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: S E Frost, Senior Member Decision: The decisions under review are set aside. Instead the Tribunal makes the following decisions: (1) The Applicant's firearms licence is not revoked. (2) The Applicant's firearms general permit is not revoked. (3) The Applicant's prohibited weapons permit is not revoked. Catchwords: LICENSING – Firearms licensing – Withdrawal of licence – Revocation – Public interest PROHIBITED WEAPONS – Permit – Withdrawal of permit – Revocation – Public interest Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) Weapons Prohibition Act 1998 (NSW) Weapons Prohibition Regulation 2017 (NSW) Cases Cited: Comalco Aluminium (Bell Bay) Ltd v O'Connor and Others (1995) 131 ALR 657 Commissioner of Police, NSW Police Force v Lee [2016] NSWCATAP 234 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, NSW Police Force (GD) [2013] NSWADTAP 16 Texts Cited: None cited Category: Principal judgment Parties: William Jardine (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Hartmann & Associates (Applicant) Bartier Perry (Respondent) File Number(s): 2022/00295884 Publication restriction: Nil