FVS v Commissioner of Police [2023] NSWCATAD 229

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FVS v Commissioner of Police [2023] NSWCATAD 229 Hearing dates: 31 May 2023 Date of orders: 24 August 2023 Decision date: 24 August 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: J D Little, Senior Member Decision: 1. The decision to revoke the Applicant's firearms licence is affirmed. 2. The publication of the Applicant's name in these reasons is prohibited. 3. Except pursuant to order below, the contents of all paragraphs in these reasons marked "[Not for publication]" are not to be published or released pursuant to s64(1)(c) of the Civil and Administrative Tribunal Act 2013. 4. A copy of these reasons, without redaction, shall be released to the respondent. Catchwords: Firearms Act - firearms licence - refusal of licence - contrary to the public interest Legislation Cited: Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Barlow v Commissioner of Police, New South Wales Police Service [2003] NSWADT 254 Comalco Aluminium (Bell Bay) Ltd v O'Connor and Ors (1995) 131 ALR 657 Constantin v Commissioner of Police, NSW Police Force [2013] NSWADTAP 16 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Director-General, Transport New South Wales v AIC (GD) [2011] NSWADTAP 65 Director of Public Prosecutions v Smith [1991] VicRp 6 Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR 127 Smith v Commissioner of Police, New South Wales Police Force and NSW Fair Trading [2014] NSWCATAD 184 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110 Texts Cited: None Category: Principal judgment Parties: FVS (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Self-represented (Applicant) Crown Solicitor (Respondent) File Number(s): 2022/00246392 Publication restriction: 1. The publication of the Applicant's name in these reasons is prohibited. 2. Except pursuant to order below, the contents of all paragraphs in these reasons marked "[Not for publication]" are not to be published or released pursuant to s64(1)(c) of the Civil and Administrative Tribunal Act 2013. 3. A copy of these reasons, without redaction, shall be released to the Respondent.