Chapman v Commissioner of Police, NSW Police Force [2023] NSWCATAD 261

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chapman v Commissioner of Police, NSW Police Force [2023] NSWCATAD 261 Hearing dates: 13 September 2023 Date of orders: 13 October 2023 Decision date: 13 October 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: L Andelman Senior Member Decision: 1. The decision of the respondent is affirmed. 2. Pursuant to s49 of the Civil and Administrative Tribunal Act 2013 the hearing as it related to the Confidential Material and the Confidential Statement was conducted in the absence of the applicant his representative and the public pursuant s 59 of the Administrative Decisions Review Act 1997. 3. The respondent is not required to lodge copies of the Confidential Material or Confidential Statement with the Tribunal in accordance with s 58 of the Administrative Decisions Review Act 1997 4. Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 until further order of the Tribunal the publication of the Confidential Material and Confidential Statement is prohibited pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013 until further order of the Tribunal. 5. The disclosure of the Confidential Material and Confidential Statement is restricted to the respondent the respondent's legal representatives and the Tribunal. 6. Pursuant to s 64(1)(c) of the NCAT Act the publication or disclosure of the parts of these Reasons marked "NOT FOR PUBLICATION", other than to the respondent (Commissioner of Police, NSW Police Force) is prohibited. Catchwords: ADMINISTRATIVE REVIEW –firearms licence – refusal – public interest Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Crimes (Domestic and Personal Violence) Act 2007 Firearms Act 1996 Cases Cited: Constantin v Commissioner of Police [2013] NSWADTAP 16 Davos v Commissioner of Police [2013] NSWADT 7 Martin v Commissioner of Police, NSW Police Service [2017] NSWADT 97 Vitaliti v Commissioner of Police, NSW Police Force [2022] NSWCATAD 16 Ward v Commissioner of Police, NSW Police Service [2000] NSWADT 28 Texts Cited: None cited Category: Principal judgment Parties: Cohen Chapman (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Hartmann & Associates (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 2023/00132526 Publication restriction: 1. Pursuant to s49 of the Civil and Administrative Tribunal Act 2013 the hearing as it related to the Confidential Material and the Confidential Statement was conducted in the absence of the applicant his representative and the public pursuant s 59 of the Administrative Decisions Review Act 1997. 2. The respondent is not required to lodge copies of the Confidential Material or Confidential Statement with the Tribunal in accordance with s 58 of the Administrative Decisions Review Act 1997 3. Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 until further order of the Tribunal the publication of the Confidential Material and Confidential Statement is prohibited pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013 until further order of the Tribunal. 4. The disclosure of the Confidential Material and Confidential Statement is restricted to the respondent the respondent's legal representatives and the Tribunal. 5. Pursuant to s 64(1)(c) of the NCAT Act the publication or disclosure of the parts of these Reasons marked "NOT FOR PUBLICATION", other than to the respondent (Commissioner of Police, NSW Police Force) is prohibited.