NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shearman v Commissioner of Police, NSW Police Force [2024] NSWCATAD 63 Hearing dates: 5 October 2023 Date of orders: 8 March 2024 Decision date: 08 March 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1. The decision by the Commissioner of Police to refuse the application by Ms Anne Shearman for a Category AB firearms licence under the Firearms Act 1996 is set aside. 2. In substitution for the Commissioner of Police's decision, the application by Ms Anne Shearman for a Category AB firearms licence is granted. Catchwords: Administrative Law – licensing - firearms licence – refusal of application – mental health – accuracy of information in licence application - public interest Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Firearms Act 1996 Cases Cited: Balle v Commissioner of Police [2021] NSWCATAD 187 Bladen v Commissioner of Police, New South Wales Police Force [2015] NSWCATAD 240. BSR v Office of the Children's Guardian [2015] NSWCATAD 264 Comalco Aluminium (Bell Bay) Ltd v O'Connor and Others (1995) 131 ALR 657 Constantin v Commissioner of Police [2013] NSWADTAP 16 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Keane v Commissioner of Police, NSW Police [2008] NSWADT 68 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Masterson v Commissioner of Police, New South Wales [2017] NSWCATAP 206 Meacham v Commissioner of Police [2020] NSWCATAP 107 Ward v Commissioner of Police [2000] NSWADT 28 Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110 Category: Principal judgment Parties: Anne Shearman (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Mainstone Lawyers (Applicant) Maddocks (Respondent) File Number(s): 2023/00165241 Publication restriction: Nil
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