GBF v Commissioner of Police, New South Wales Police Force [2024] NSWCATAD 152

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GBF v Commissioner of Police, New South Wales Police Force [2024] NSWCATAD 152 Hearing dates: 19 February 2024 Date of orders: 31 May 2024 Decision date: 31 May 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision to refuse the Applicant's Category AB Firearms Licence is affirmed. (2) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013, the publication or broadcast of the identity of the Applicant person referred to as 'GBF' in these reasons for decision, is prohibited. Catchwords: ADMINISTRATIVE LAW - Firearms –– objects of legislation – public interest – public safety – domestic circumstances unclear when balanced with need to ensure public safety Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Law Enforcement Powers and Responsibilities Act 2002 Cases Cited: Austin v Commissioner of Fair Trading [2016] NSWCATAP 175 Australian Broadcasting Tribunal v Bond (1990) 94 ALR 11 Barlow v Commissioner of Police, New South Wales Police Service [2003] NSWADT 254 Commissioner of Police, NSW Police Force v Lee [2016] NSWCATAP 234 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] AATA; (1979) 46 FLR 409 Hawatt v Commissioner of Police [2021] NSWCATAD 109 Kocic v Commissioner of Police , NSW Police Force (2014) 88NSWLR 159 Livadaru v Commissioner of Police [2008] NSWADT 160 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Petas v Commissioner of Police NSW Police [2013] NSWADT 137 Rose v Commissioner of Police (No 2) [2022] NSWCATAD 26 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Webb v Commissioner of Police, New South Wales Police [2004] NSWADT 110 Texts Cited: Nil Category: Principal judgment Parties: GBF (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Stacey McAllen Legal (Applicant) Crown Solicitor (Respondent) File Number(s): 2023/00276086 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013, the publication or broadcast of the identity of the Applicant person referred to as 'GBF' in these reasons for decision, is prohibited.