O’Halloran v Commissioner of Police, NSW Police Force [2023] NSWCATAD 268

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: O'Halloran v Commissioner of Police, NSW Police Force [2023] NSWCATAD 268 Hearing dates: 7 August 2023 Date of orders: 19 October 2023 Decision date: 19 October 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: S E Frost, Senior Member Decision: The decision under review is affirmed. Catchwords: LICENSING – Firearms licensing – Imposition of a special condition – Public safety Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) Cases Cited: Kocic v Commissioner of Police, NSW Police Force [2014] NSWCA 368 Texts Cited: None cited Category: Principal judgment Parties: Stephen O'Halloran (Applicant) Commissioner of Police (Respondent) Representation: Counsel: F Curran (Applicant)

Solicitors: Rankin Ellison Lawyers (Applicant) Crown Solicitor (Respondent) File Number(s): 2023/00045509 Publication restriction: Nil

REASONS FOR DECISION

Introduction and summary 1. A delegate of the respondent Commissioner imposed a special condition on the firearms licence of the Applicant, Stephen O'Halloran. The Applicant has applied to the Tribunal for the condition to be removed. 2. I have concluded that the condition is appropriate in the circumstances. These are my reasons.

Legislation and jurisdiction 1. Firearms licensing is regulated by the Firearms Act 1996 (NSW) and the Firearms Regulation 2017 (NSW). 2. The underlying principles of the firearms legislation focus on public safety: s 3(1) of the Act. Licensing of individuals is 'tightly constrained' by requirements of fitness and propriety, and is subject to public interest considerations: s 11 of the Firearms Act; Kocic v Commissioner of Police, NSW Police Force [2014] NSWCA 368 at [1]. Safe storage of firearms and ammunition is a continuing obligation imposed on a licensed person: Part 4 of the Act. 3. Any licence issued by the Commissioner can be made 'subject to such conditions as the Commissioner thinks fit to impose': s 19(1) of the Act. 4. A person may apply to the Tribunal for an administrative review of any one of a number of decisions made by the Commissioner, including a decision to impose a condition on a licence issued to the person: s 75(1)(b) of the Firearms Act. The administrative review is to be conducted under the Administrative Decisions Review Act 1997 (NSW) (ADR Act). 5. Subsection 63(1) of the ADR Act provides that in determining the application, the Tribunal is to decide what the correct and preferable decision is, having regard to the material then before it.