Stacey v Commissioner of Police, New South Wales Police Force [2023] NSWCATAD 233

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stacey v Commissioner of Police, New South Wales Police Force [2023] NSWCATAD 233 Hearing dates: 9 June 2023 Date of orders: 28 August 2023 Decision date: 28 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 is set aside. 2. The Respondent is to grant the applicant a Firearms licence on the terms sought in the 28 July 2022 application. Catchwords: ADMINISTRATIVE LAW - Firearms –– objects of legislation – public interest – public safety – objective evidence Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 94 ALR 11 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 NSW Police Force [2013] NSWADTAP 16 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 Livadaru v Commissioner of Police [2008] NSWADT 160 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Rose v Commissioner of Police (No 2) [2022] NSWCATAD 26 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Webb v Commissioner of Police, New South Wales Police [2004] NSWADT 110 Texts Cited: None cited Category: Principal judgment Parties: William Herbert Stacey (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Applicant (Self Represented) Lindsay Taylor Lawyers (Respondent) File Number(s): 2023/00054567 Publication restriction: Nil