Treyvaud v Commissioner of Police, NSW Police Force [2023] NSWCATAD 317

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Treyvaud v Commissioner of Police, NSW Police Force [2023] NSWCATAD 317 Hearing dates: 20 October 2023 Date of orders: 12 December 2023 Decision date: 12 December 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: J Levine, Senior Member Decision: 1. The Decision to refuse the Applicant's application for a Category AB firearms licence is affirmed. 2. Pursuant to section 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW), publication of (i) the Confidential Material, (ii) the recording of the confidential portion of the hearing, and (iii) the paragraphs in these reasons marked "NOT FOR PUBLICATION" is prohibited; and disclosure of such materials is restricted to the Commissioner of Police, the legal representatives of the Commissioner of Police and the Tribunal. Catchwords: ADMINISTRATIVE REVIEW – Licensing – Firearms – Refusal to issue category AB firearms licence – Whether reasonable cause to believe applicant may not personally exercise continuous and responsible control over firearm because of way of living or domestic circumstances and close associations – When applicant himself is of good character and has no criminal record – Whether issuing licence would be contrary to the public interest Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Cases Cited: Bilanenko v Commissioner of Police [2022] NSWCATAD 76 Burey v Commissioner of Police, NSW Police Force [2022] NSWCATAD 344 Carpenter v Commissioner of Police [2023] NSWCATAD 163 Commissioner of Police, NSW Police Force v Arnold [2023] NSWCATAP 264 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, NSW Police Force (GD) [2013] NSWADTAP 16 Dalziell v Commissioner of Police, NSW Police Force [2018] NSWCATAD 79 El-Chamy PSM v Commissioner of Police, NSW Police Force [2023] NSWCATAD 242 Finlay v Commissioner of Police [2020] NSWCATAD 5 Hamid v Commissioner of Police, New South Wales Police Force [2018] NSWCATAD 43 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Housea v Commissioner of Police, NSW Police [2014] NSWCATAD 54 Masterson v Commissioner of Police [2017] NSWCATAP 206 Meacham v Commissioner of Police [2020] NSWCATAP 107 Ryan v Commissioner of Police [2021] NSWCATAD 23 Tolley v Commissioner of Police [2006] NSWADT 149 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Webb v Commissioner of Police, NSW Police [2004] NSWADT 110 Texts Cited: None Category: Principal judgment Parties: Ryley Jay Treyvaud (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Hartmann & Associates (Applicant) McCullough Robertson (Respondent) File Number(s): 2023/00140151 Publication restriction: Pursuant to section 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW), publication of (i) the Confidential Material, (ii) the recording of the confidential portion of the hearing, and (iii) the paragraphs in these reasons marked "NOT FOR PUBLICATION" is prohibited; and disclosure of such materials is restricted to the Commissioner of Police, the legal representatives of the Commissioner of Police and the Tribunal.