Handsaker v Commissioner of Police, NSW Police Force [2024] NSWCATAD 96

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Handsaker v Commissioner of Police, NSW Police Force [2024] NSWCATAD 96 Hearing dates: 07 September 2023 Submissions closed 21 September 2023 Date of orders: 11 April 2024 Decision date: 11 April 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Decision: The decision under review is set aside. Catchwords: ADMINISTRATIVE LAW — firearms –– objects of legislation — public interest — public safety — PTSD — no evidence of self harm — no evidence of threats of violence to self or others — no evidence of violence to others — not contrary to public interest for the licensee to continue to hold a Firearms Licence 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: Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Commissioner of Police, NSW Police Force v Lee [2016] NSWCATAP 234 Constantin v Commissioner of Police NSW Police Force [2013] NSWADTAP 16 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA Laing v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 315 Livadaru v Commissioner of Police [2008] NSWADT 160 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Meacham v Commissioner of Police [2020] NSWCATAP 107 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: Garry James Handsaker (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: A Howell (Applicant) M Watts (Respondent)