Ellicott v Commissioner of Police, NSW Police Force [2023] NSWCATAD 280

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ellicott v Commissioner of Police, NSW Police Force [2023] NSWCATAD 280 Hearing dates: 24 May 2023 Date of orders: 26 October 2023 Decision date: 26 October 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: K Mobbs, Senior Member Decision: 1. The decision under review is affirmed. 2. Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013, the publication of the Confidential Material and the Confidential Statement (exhibit CR2) or matters contained in the Confidential Material or Confidential Statement is prohibited. 3. Pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013, the disclosure of the Confidential Material and Confidential Statement or matters contained in the Confidential Material or Confidential Statement is restricted to the Respondent, the Respondent's legal representatives and the Tribunal. 4. Pursuant to ss 64(1)(b) and 64(1)(c) of the Civil and Administrative Tribunal Act 2013, the publication or reporting of the hearing of the application by the Respondent, including any evidence given during any Confidential Hearing, is prohibited. 5. Except pursuant to order (6) below, all paragraphs marked "[NOT FOR PUBLICATION]" are not to be published pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 or to be released to the Applicant. 6. A copy of these reasons, without redaction shall be released to the Respondent. Catchwords: ADMINISTRATIVE LAW – Firearms licensing- refusal -fit and proper person -public interest Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Crimes (Sentencing Procedure) Act 1999 Cases Cited: AML v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5 Balle v Commissioner of Police [2021] NSWCATAD 187 Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657 Commissioner of Police, New South Wales Police Service v Toloeafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16 Cook v Commissioner of Police [2021] NSWCATAD 204 Director of Public Prosecutions v Smith [1991] Vic Rep 6; (1991) 1 VR 63 Hoffman v Commissioner of Police, New South Wales Police Service [2003] NSWADT 89 Kavalieratos v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 117 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 206 McDonald v Director-General of Social Security (1984) 1 FCR 354 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 O'Sullivan v Farrer [1989] HCA 61; (1989) 168 CLR 210 Saxby v Commissioner of Police [2021] NSWCATAD 275 Shi v Migration Agents Registration Authority [2008] HCA 31 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110 Texts Cited: Nil Category: Principal judgment Parties: Christopher Lee Ellicott (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Applicant (Self-represented) McCullough Robertson Lawyers (Respondent) File Number(s): 2022/00372356 Publication restriction: Pursuant to ss 64(1)(b), 64(1)(c) and 64(1)(d) of the Civil and Administrative Tribunal Act 2013, the publication and recording of the confidential hearing of these proceedings, including confidential exhibit CR2 and any evidence given during the confidential hearing, is prohibited, and the contents of all paragraphs in these reasons marked "[NOT FOR PUBLICATION]" are not to be published or released to the Applicant.