FYT v Commissioner of Police, NSW Police Force [2024] NSWCATAD 108

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FYT v Commissioner of Police, NSW Police Force [2024] NSWCATAD 108 Hearing dates: 4 September 2023 Date of orders: 23 April 2024 Decision date: 23 April 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: L Rogers, Senior Member Decision: (1) The decision of the Commissioner of Police to refuse FYT's application for a Category AB firearms licence is set aside. (2) A Category AB firearms licence is to be issued to FYT. Catchwords: ADMINISTRATIVE REVIEW – Firearms Act 1996 – Application for a Category AB firearms licence – criminal offending - traffic offences – drug use and rehabilitation - mental health – fit and proper person – public interest Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Cases Cited: Australian Broadcasting Tribunal v Bond and Ors (1990) 170 CLR 321 Barlow v Commissioner of Police, New South Wales Police Service [2003] NSWADT 254 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, NSW Police Force [2013] NSWADTAP 16 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 El-Ashrafi v Commissioner of Police, NSW Police Force [2017] NSWCATAD 103 Hughes and Vale Pty Ltd v The State of New South Wales (No 2) (1955) 93 CLR 127 Kemball v Commissioner of Police, NSW Police Force [2023] NSWCATAD 104 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 McDonald v Guardianship and Administration Board [1993] 1 VR 521 O'Brien v Commissioner of Police [2022] NSWCATAD 259 Tannous v Commissioner of Police [2011] NSWADT 116 Webb v Commissioner of Police. New South Wales Police Force [2004] NSWADT 110 Texts Cited: Nil Category: Principal judgment Parties: FYT (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Applicant (Self-represented) Lindsay Taylor Lawyers (Respondent) File Number(s): 2023/00068602 Publication restriction: (1) Pursuant to section 64(1)(a) of the Civil and Administrative Tribunal Act 2013, the disclosure of the name of the Applicant is prohibited. It is noted that a reference to the disclosure of the name of the Applicant includes any information, picture or other material that identifies or is likely to lead to the identification of the Applicant: refer to section 64(4) of the Civil and Administrative Tribunal Act 2013.