Oliver v Commissioner of Police, NSW Police Force [2024] NSWCATAD 151

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Oliver v Commissioner of Police, NSW Police Force [2024] NSWCATAD 151 Hearing dates: 30 October 2023 Date of orders: 30 May 2024 Decision date: 30 May 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: (1) The decision under review is set aside. (2) The matter is remitted for reconsideration by the Respondent in accordance with the recommendations of the Tribunal. Catchwords: Administrative Law – Firearms Act - firearms licence - revocation of licence or permit – domestic circumstances - public interest – genuine reason Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: Bevan v Commissioner of Police [2004] NSWADT 1 Comalco Aluminium (Bell Bay) Ltd v O'Connor and Ors (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 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Director of Public Prosecutions v Smith [1991] VicRp 6; (1991) 1 VR 63 Drake v Minister for Immigration and Ethnic Affairs (1979) NSW 2 ALD 60 GGW v Commissioner of Police, NSW Police Force [2024] NSWCATAP 88 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Hoffman v Commissioner of Police, New South Wales Police Service [2003] NSWADT 89 Kavalieratos v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 117 Keane v Commissioner of Police, NSW Police [2008] NSWADT 68 McDonald v Director General of Social Security (1984) 1 FCR 354 Meacham v Commissioner of Police [2020] NSWCATAP 107 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 110 ALR 449 Oliver v Commissioner of Police, NSW Police Force [2017] NSWCATAD 95 Uzelac v Commissioner of Police, Ministry of Police [2003] NSWADT 226 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 Category: Principal judgment Parties: Vanessa Karen Oliver (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Applicant (self-represented) Sparke Helmore Lawyers (Respondent) File Number(s): 2023/00103390 Publication restriction: Section 64 of the Civil and Administrative Tribunal Act 2013 applies to the material filed by the respondents on a confidential basis and to those paragraphs of these reasons identified as [Not for publication]. That material is not to be released to either the Applicant or to the public.