Parkins v Commissioner of Police, NSW Police Force; Parkins v Commissioner of Police, NSW Police Force [2024] NSWCATAD 31

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Parkins v Commissioner of Police, NSW Police Force; Parkins v Commissioner of Police, NSW Police Force [2024] NSWCATAD 31 Hearing dates: 22 January 2024 Date of orders: 5 February 2024 Decision date: 05 February 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: 1. The decision under review in relation to Gantiya Parkins is affirmed. 2. The decision under review, as varied in the internal review, in relation to Mark Parkins is affirmed. Catchwords: LICENSING – firearms – husband and wife – wife's licence revoked – son with mental health issues – absence of current evidence - condition imposed on husband's licence Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: AML v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5 Carpenter v Commissioner of Police, NSW Police Force [2023] NSWCATAD 163 Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 DMC v Commissioner of Police, NSW Police Force [2018] NSWCATAD 219 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Kavalieratos v Commissioner of Police, NSW Police Force [2014] NSWCATAD 117 Lee v Commissioner of Police, NSW Police Force [2020] NSWCATAS 144 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 McDonald v Director General of Social Security (1984) 1FCR 353 at 357 Mascot Security v Commissioner of New South Wales Police [2008] NSWADT 17 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Petas v Commissioner of Police, NSW Police Force [2013] NSWADT 137 Sawires v Commissioner of Police [2010] NSWADT 4 Shi v Migration Agents Registration Authority [2008] HCA 31 Stamatelatos v Commissioner of Police, NSW Police Force Wallin v Commissioner of Police (No 2) [2022] NSWCATAD 83 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: None cited Category: Principal judgment Parties: Mark Parkins and Gantiya Parkins (Applicants) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Hartmann & Associates (Applicant) Norton Rose Fulbright (Respondent) File Number(s): 2023/00259105 2023/00306752 Publication restriction: Nil