GGJ v Commissioner of Police, NSW Police Force [2024] NSWCATAD 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GGJ v Commissioner of Police, NSW Police Force [2024] NSWCATAD 73 Hearing dates: 7 March 2024 Date of orders: 20 March 2024 Decision date: 20 March 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: (1) The decision to revoke the Applicant's firearms licence is set aside. (2) The Applicant's firearms licence is to be re-issued subject to the following conditions: (a) GGJ is prohibited from possessing or storing firearms, firearm parts or ammunition at any location where T resides or frequents; (b) GGJ is prohibited from removing the firearms, firearm parts or ammunition out of their place of safe storage while T is in attendance or present at the location; and (c) Any alternate safe storage location must comply with Clause 28B of the Firearms Regulation 2017. Catchwords: LICENSING – firearms – domestic circumstances allegations of domestic violence by close family member – incorrect statement in application renewals – public interest – circumstances for imposition of a condition 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 Brosowski v Commissioner of Police, New South Wales Police Service [2003] NSWADT 182 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 Cook v Commissioner of Police [2021] NSWCATAD 204 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Emery v Commissioner of Police [2022] NSWCATAD 122 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Jubian v Commissioner of Police, NSW Police Force [2019] NSWCATAD 70 Kavalieratos v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 117 Lee v Commissioner of Police, NSW Police Force [2020] NSWCATAS 144 LY v Commissioner of Police, NSW Police [2004] NSWADT 115 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 McGrath v Commissioner of Police, New South Wales Police Force [2019] NSWCATAD 98 Mekhitarian v Commissioner of Police [2022] NSWCATAD 198 Mibus v Commissioner of Police, New South Wales Police Force [2023] NSWCATAD 210 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Petas v Commissioner of Police, NSW Police Force [2013] NSWADT 137 Salameh v Commissioner of Police, NSW Police Force [2023] NSWCATAD 148 Shi v Migration Agents Registration Authority [2008] HCA 31 Sobey v Commercial Agents Board (1979) 22 SASR 70 Stamatelatos v Commissioner of Police, NSW Police Force 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: Nil Category: Principal judgment Parties: GGJ (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Applicant (Self-Represented)