Stephinson v Commissioner of Police, New South Wales Police Force [2023] NSWCATAD 257

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stephinson v Commissioner of Police, New South Wales Police Force [2023] NSWCATAD 257 Hearing dates: 21 September 2022, 15 March 2023, 12 May 2023, 14 June 2023 Date of orders: 06 October 2023 Decision date: 06 October 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: 1. Time to lodge the administrative review application is extended until 9 June 2022 pursuant to s 41 of the Civil and Administrative Tribunal Act 2013. 2. The decision to refuse the Applicant's Category AB Firearms Licence is set aside. 3. The Respondent is to grant the applicant a Category AB Firearms licence on the terms sought in the 6 October 2020 application. Catchwords: ADMINISTRATIVE LAW - Firearms –– objects of legislation – public interest –– ability to exercise continuous control of firearms – fit and proper person – mental health – candour Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) 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, NSW Police Force v Lee [2016] NSWCATAP 234 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police NSW Police Force [2013] NSWADTAP 16 Cusumano v Commissioner of Police NSW Police Service [2001] NSWADT 50 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 Hijazi v Commissioner of Police NSW Police [2014] NSWCATAD 148 Lee v Commissioner of Police [2020] NSWCATAD 144 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Masterson v Commissioner of Police New South Wales Police Force [2017] NSWCATAP 205 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: Nil Category: Principal judgment Parties: Gregory William Stephinson (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Korn Tlais Defence Lawyers Pty Ltd (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2022/00167666 Publication restriction: Nil