Horan v Commissioner of Police, New South Wales Police Force [2024] NSWCATAD 6

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Horan v Commissioner of Police, New South Wales Police Force [2024] NSWCATAD 6 Hearing dates: 19 December 2023 Date of orders: 8 January 2024 Decision date: 08 January 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof G D Walker, Senior Member Decision: 1. Decision under review set aside 2. A category AB firearms licence is to be issued to the applicant. 3. Such licence is to be subject to a condition to the effect that no firearm possessed by the applicant pursuant to such licence may be stored in any premises not owned, controlled or occupied by the applicant or a firearms dealer. 4. Pursuant to s 64(1)(c) of the CAT Act, the publication of the confidential material and confidential exhibit CR4, or matters contained in the confidential material and confidential exhibit CR4 is prohibited. 5. Pursuant to s 64(1)(d) of the CAT Act, the disclosure of the confidential material and confidential exhibit CR4, or matters contained in the confidential material and confidential exhibit CR4, is restricted to the Commissioner, the legal representatives for the Commissioner and the tribunal. 6. Pursuant to ss 64(1)(b). 64(1)(c) and 64(1)(d) of the CAT Act, the publication and recording of the confidential hearing of these proceedings, including confidential exhibit CR4 and any evidence given during the hearing, is prohibited and the contents of all paragraphs in these reasons marked "[Not for publication]" are not to be published or released to the applicant. Catchwords: LICENSING – firearms licensing – revocation of licence – domestic arrangements – association with person under prohibition orders and with criminal history – licence condition. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Review Act 2013 (NSW) Crimes Act 1900 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) Cases Cited: Adams v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 194; Australian Broadcasting Tribunal v Bond [1990] HCA 33, (1990) 94 ALR 11; Briginshaw v Briginshaw (1938) 60 CLR 316; Bronze Wing International Pty Ltd v SafeWork New South Wales [2017] NSWCA 42; Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADT AP 16; Cusumano v Commissioner of Police, New South Wales Police Service [2001] NSWADT 50; Director-General, Transport New South Wales v AIC (GD) [2011] NSWADTAP 65; Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; Hijazi v Commissioner of Police, New South Wales Police Force [2022] NSWCATAD 353; Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218; Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR 127; Kocic v Commissioner of Police, New South Wales Police Force [2014] NSWCA 366; Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 McDonald v Director-General, Social Security [1984] FCA 57, (1984) 1 FCR 354; Meggit v [2022] NSWCATAD 353; Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10; Smith v Commissioner of Police, New South Wales Police Force and New South Wales Fair Trading [2014] NSWCATAD 184; Stamatelatos v Commissioner of Police, New South Wales Police Force [2018] NSWCATAD 156; Sterjovski v Director-General, Department of Transport [2002] NSWADT 10; Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110. Category: Principal judgment Parties: Jai Horan (Applicant)