Commissioner of Police, NSW Police Force v Hogan [2024] NSWCATAP 77

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Police, NSW Police Force v Hogan [2024] NSWCATAP 77 Hearing dates: 23 February 2024 Date of orders: 23 February 2024 Decision date: 23 February 2024 Jurisdiction: Appeal Panel Before: R Seiden SC, Principal Member D Robertson, Senior Member Decision: (1) The appeal is allowed. (2) Order 1 of 2 Nov 2023 is set aside. In lieu the decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW - firearms regulation – revocation of existing firearms licence after conviction for an offence relating to the possession of a firearm by reason of which a further licence could not be issued – whether there is a requirement that there be special or exceptional circumstances before a firearms licence may be retained after conviction for an offence which will preclude the renewal of the licence – held there is no such requirement but there must be some feature of the circumstances that justifies the position that the licensee should retain their licence APPEAL – Civil and Administrative Tribunal – questions of law Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) Cases Cited: AAI Ltd trading as GIO as agent for the Nominal Defendant v McGiffen [2016] NSWCA 229 Australian Broadcasting Tribunal v Bond and Others (1990) 170 CLR 321; [1990] HCA 33 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Bevan v Commissioner of Police, New South Wales Police of Service [2004] NSWADT 1 Craig v South Australia (1995) 184 CLR 163; [1995] HCA 58 CUB Australia Holding Pty Ltd v Commissioner of Taxation (2021) 385 ALR 731; [2021] FCA 43 Cusumano v Commissioner of Police [2001] NSWADT 50 Ferella v Chief Commissioner of State Revenue [2014] NSWCA 378 Grant v Commissioner of Police [2020] NSWCATAD 158 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Hermes Nominees Pty Ltd v Shepherd [2024] NSWCATAP 36 Jegatheeswaran v Minister for Immigration & Multicultural Affairs (2001) 194 ALR 263; [2001] FCA 865 Johns v Commissioner of Police, NSW Police Force [2021] NSWCATAD 283 Kudrynski v Orange City Council [2024] NSWCA 33 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Neat Domestic Trading Pty Ltd v AWB Ltd (2003) 216 CLR 277; [2003] HCA 35 New South Wales Land and Housing Corporation v Orr (2019) 100 NSWLR 578; [2019] NSWCA 231 Nu-Stone Building Ltd v McInerney [2023] NSWSC 940 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Starr v Johnston [2023] NSWCATAP 190 Uzelac v Commissioner of Police [2003] NSWADT 226 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Yuanda Vic Pty Ltd v Façade Designs International Pty Ltd [2021] VSCA 44 Texts Cited: New South Wales, Parliamentary Debates, Legislative Assembly, 21 June 1996 Category: Principal judgment Parties: Appellant: Commissioner of Police, NSW Police Force Respondent: David Wayne Hogan Representation: Counsel: C Langford (Appellant) No appearance (Respondent)