Barrett v Commissioner of Police, New South Wales Police Force [2024] NSWCATAD 116

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Barrett v Commissioner of Police, New South Wales Police Force [2024] NSWCATAD 116 Hearing dates: 17 April 2024 Date of orders: 06 May 2024 Decision date: 06 May 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof G D Walker, Senior Member Decision: (1) Decision under review set aside. (2) A category A firearms licence is to be issued to the applicant. (3) Such licence is to be subject to a condition to the effect that no firearm possessed by the applicant pursuant to such licence may be stored in any premises where Troy Barrett resides or frequents. (4) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013, the publication of the confidential material and confidential exhibit CR3, or matters contained in the confidential material and confidential exhibit CR3 is prohibited. (5) Pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013, the disclosure of the confidential material and confidential exhibit CR3, or matters contained in the confidential material and confidential exhibit CR3, is restricted to the Commissioner, the legal representatives for the Commissioner and the tribunal. (6) Pursuant to ss 64(1)(b), 64(1)(c) and 64(1)(d) of the Civil and Administrative Tribunal Act 2013, the publication and recording of the confidential hearing of these proceedings, including confidential exhibit CR3 and any evidence given during the hearing, is prohibited and the contents of all paragraphs in these reasons marked "[NOT FOR PUBLICATION]" are not to be published or released to the applicant.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 refusal – public interest – possessing ammunition while unlicensed – lost or stolen item – domestic arrangements. 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: Australian Broadcasting Tribunal v Bond [1990] HCA 33, (1990) 94 ALR 11 Briginshaw v Briginshaw (1938) 60 CLR 336 Bronze Wing International Pty Ltd v SafeWork New South Wales [2017] NSWCA 41 Commissioner of Police, New South Wales Police Force v Arnold [2023] NSWCATAP 264 Director-General, Transport New South Wales v AIC (GD) [2011] NSWADTAP 65 Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60 El-Chamy PSM v Commissioner of Police, New South Wales Police Force [2023] NSWCATAD 242 Green v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 59 Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR 127 Laughton v Commissioner of Police, New South Wales Police Force [2023] NSWCATAD 2 McDonald v Director-General, Social Security [1984] FCA 59; (1984) 1 FCR 354 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 R v Filippetti (1978) 13 A Crim R 335 Smith v Commissioner of Police, New South Wales Police Force and New South Wales Fair Trading [2014] NSWCATAD 184 Sterjovski v Director-General, Department of Transport [2002] NSWADT 10 Category: Principal judgment Parties: Mr Phillip W Barrett (Applicant) Commissioner of Police, New South Wales Police Force (Respondent) Representation: Solicitors: Hartmann & Associates (Applicant) McCullough Robertson Lawyers (Respondent) File Number(s): 2023/00361181 Publication restriction: (1) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013, the publication of the confidential material and confidential exhibit CR3, or matters contained in the confidential material and confidential exhibit CR3 is prohibited.