Phillpott v Commissioner of Police, NSW Police Force [2024] NSWCATAD 40

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Phillpott v Commissioner of Police, NSW Police Force [2024] NSWCATAD 40 Hearing dates: 11 October 2023 and 28 November 2023 Date of orders: 16 February 2024 Decision date: 16 February 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: L Andelman, Senior Member Decision: The decision of the respondent is affirmed. Catchwords: ADMINISTRATIVE REVIEW –firearms licence – revocation – public interest – fit and proper person -formerly held the position of an armourer. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Commissioner of Police v Joseph [2016] NSWCATAP 124 Constantin v Commissioner of Police [2013] NSWADTAP 16 Davos v Commissioner of Police [2013] NSWADT 7 Hughes & Vale Pty Ltd v State of New South Wales [1955] HCA 28; (1955) 93 CLR 127 Martin v Commissioner of Police, NSW Police Service [2017] NSWADT 97 Sobey v Commercial and Private Agents Board (1979) 22 SASR 7 Ward v Commissioner of Police, NSW Police Service [2000] NSWADT 28 Category: Principal judgment Parties: Sharon Phillpott (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Applicant: Mainstone Lawyers Respondent: Lindsay Taylor Lawyers File Number(s): 2023/00074071 Publication restriction: 1. Pursuant to s49 of the Civil and Administrative Tribunal Act 2013 the hearing as it related to the Confidential Material and the Confidential Statement was conducted in the absence of the applicant her representative and the public. 2. Pursuant s 59 of the Administrative Decisions Review Act 1997 the respondent is not required to lodge copies of the Confidential Material or Confidential Statement with the Tribunal in accordance with s 58 of the Administrative Decisions Review Act 1997. 3. Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 until further order of the Tribunal the publication of the Confidential Material and Confidential Statement is prohibited. 4.Pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013 until further order of the Tribunal the disclosure of the Confidential Material and Confidential Statement is restricted to the respondent the respondent's legal representatives and the Tribunal. 5. Pursuant to s 64(1)(b) and s64(1)(c) of the Civil and Administrative Tribunal Act 2013 until further order of the Tribunal the publication or reporting of the confidential hearing including any evidence given in the hearing is prohibited. 5. Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 paragraphs 21 to 23 of this Decision are not to be disclosed to the applicant.