Al Sarray v Commissioner of Police, New South Wales Police Force [2023] NSWCATAD 217

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Al Sarray v Commissioner of Police, New South Wales Police Force [2023] NSWCATAD 217 Hearing dates: 5 May 2023 Date of orders: 14 August 2023 Decision date: 14 August 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: 1. The decision to refuse the Applicant's Category AB Firearms Licence application is affirmed. 2. Pursuant to s 49 of the NCAT Act, the hearing of the application in the substantive proceedings be conducted in the absence of the applicant in the substantive proceedings, the legal representatives for the applicant in the substantive proceedings, and the public, insofar as it relates to the Confidential Material described in the Confidential Statement. 3. Pursuant to s 64(1)(c) of the NCAT Act, the publication of the Confidential Material and confidential exhibit CR1, or matters contained in the Confidential Material and confidential exhibit CR1 is prohibited. 4. Pursuant to s 64(1)(d) of the NCAT Act, the disclosure of the Confidential Material and confidential exhibit CR1, or matters contained in the Confidential Material and confidential exhibit CR1, is restricted to the Commissioner, the legal representatives for the Commissioner and the Tribunal. 5. Pursuant to ss 64(1)(b), 64(1)(c) and 64(1)(d) of the NCAT Act, the publication and recording of the confidential hearing of these preliminary proceedings, including confidential exhibit CR1 and any evidence given during the confidential portion of the hearing, is prohibited, and the contents of all paragraphs in these reasons marked "[Not for publication]" are not to be published or released to the applicant Catchwords: ADMINISTRATIVE LAW - Firearms –– objects of legislation – public interest – public safety – credibility of evidence – candour of witness - confidential evidence - unfairness. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 94 ALR 11 Constantin v Commissioner of Police, NSW Police Force (GD) [2023] NSWADTAP 16 Commissioner of Police, NSW Police Force v Lee [2016] NSWCATAP 234 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Doan v Commissioner of Police, NSW Police Force [2022] NSWCATAD 220 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 Environmental Protection Authority v Al-Sarray [2022] NSWLEC 31 Grant v Commissioner of Police [2020] NSWCATAD 158 Hughes and Vale Pty Ltd v New South Wales (No 2) [1955] HCA 28 Livadaru v Commissioner of Police [2008] NSWADT 160 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Meacham v Commissioner of Police [2020] NSWCATAP 107 Rose v Commissioner of Police (No 2) [2022] NSWCATAD 26 Sobey v Commercial Agents Board (1979) 22 SASR 70 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69, Ward v Commissioner of Police [2000] NSWADT 28 Webb v Commissioner of Police, New South Wales Police [2004] NSWADT 110 Texts Cited: Nil Category: Principal judgment Parties: Munaf Al Sarray (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Clayton Utz (Applicant) McCullough Robertson Lawyers (Respondent) File Number(s): 2022/00326618 Publication restriction: Pursuant to s 64 (1) (b), 64 (1) (c ) and 64 (1) (d) of the Civil and Administrative Tribunal Act 2013, the publication and release of the material in those paragraphs marked '[Not for publication]' are not to be published or released to any person other than the respondent or their representative.