D’Ambros v Commissioner of Police, New South Wales Police Force [2024] NSWCATAD 26

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: D'Ambros v Commissioner of Police, New South Wales Police Force [2024] NSWCATAD 26 Hearing dates: 15 November 2023 Date of orders: 29 January 2024 Decision date: 29 January 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: 1. The decision to refuse the Applicant's Category ABGH Firearms Licence is affirmed. 2. Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013, the publication or broadcast of the identity of the person referred to as "Ms A' or her daughter or 'Mr S' as referred to in these reasons for decision, is prohibited Catchwords: ADMINISTRATIVE LAW - Firearms –– objects of legislation – public interest – public safety – lack of candour - honesty. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Cases Cited: Austin v Commissioner of Fair Trading [2016] NSWCATAP 175 Australian Broadcasting Tribunal v Bond (1990) 94 ALR 11 Barlow v Commissioner of Police, New South Wales Police Service [2003] NSWADT 254 Commissioner of Police, NSW Police Force v Lee [2016] NSWCATAP 234 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police NSW Police Force [2013] NSWADTAP 16 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 Kocic v Commissioner of Police , NSW Police Force (2014) 88NSWLR 159 Livadaru v Commissioner of Police [2008] NSWADT 160 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Rose v Commissioner of Police (No 2) [2022] NSWCATAD 26 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69, Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Webb v Commissioner of Police, New South Wales Police [2004] NSWADT 110 Texts Cited: Nil Category: Principal judgment Parties: Franco D'Ambros (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: E James (Applicant)