Buchanan v Commissioner of Police, New South Wales Police Force [2024] NSWCATAD 53

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Buchanan v Commissioner of Police, New South Wales Police Force [2024] NSWCATAD 53 Hearing dates: 20 February 2024 Date of orders: 28 February 2024 Decision date: 28 February 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof G D Walker, Senior Member Decision: 1. Decision under review affirmed. 2. Pursuant to s 64(1)(c) of the CAT Act, the publication of the confidential material and confidential exhibit CR6, or matters contained in the confidential material and confidential exhibit CR6 is prohibited. 3. Pursuant to s 64(1)(d) of the CAT Act, the disclosure of the confidential material and confidential exhibit CR6, or matters contained in the confidential material and confidential exhibit CR6, is restricted to the Commissioner, the legal representatives for the Commissioner and the tribunal. 4. 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 CR6 and any evidence given during the hearing, is prohibited and the contents of all paragraphs in these reasons marked "[Not for publication]" are not to be published or released to the applicant.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 – licence revocation – public interest – mental health – safe storage. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) Cases Cited: 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] NSWADTAP 16; Cusumano v Commissioner of Police, New South Wales Police Service [2001] NSWADT 50; Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; Hindmarsh v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 264; Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218; Kavalieratos v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 117; 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; Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 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: Mr William Frederick Buchanan (Applicant) Commissioner of Police, New South Wales Police Force (Respondent) Representation: Counsel: T Poberezny (Respondent)