FXM v Commissioner of Police, NSW Police Force [2023] NSWCATAD 200

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FXM v Commissioner of Police, NSW Police Force [2023] NSWCATAD 200 Hearing dates: 16 June 2023 Date of orders: 31 July 2023 Decision date: 31 July 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: M Griffin, Senior Member Decision: (1) The decision under review is affirmed. (2) In accordance with s 64(1) of the Civil and Administrative Tribunal Act 2013, the publication or disclosure, other than to the parties and their legal representatives, of the identity of the Applicant and of the Applicant's parents, is prohibited. Catchwords: ADMINISTRATIVE LAW – Firearms – Licensing –- Public Interest – Fit and Proper Person Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Cases Cited: AML v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Barlow v Commissioner of Police, NSW Police Force [2003] NSWADT 254 Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Director of Public Prosecutions v Smith [1991] 1 VR 63 Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60, 77 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 McDonald v Director-General of Social Security [1984] FCA 57; (1984) 1 FCR 354 at 357 Masterson v Commissioner of Police, New South Wales Police Force [2017] NSWCATAP 206 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Petas v Commissioner of Police, NSW Police Force [2013] NSWADT 137 Sobey v Commercial Agents Board (1979) 22 SASR 70 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Webb v Commissioner of Police, NSW Police Force [2004] NSWADT 110 Texts Cited: None cited Category: Principal judgment Parties: FXM (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Mainstone Lawyers (Applicant) Makinson D'Apice Lawyers (Respondent) File Number(s): 2022/00253990 Publication restriction: In accordance with s 64(1) of the Civil and Administrative Tribunal Act 2013, the publication or disclosure, other than to the parties and their legal representatives, of the identity of the Applicant and of the Applicant's parents, is prohibited.