Smith v Commissioner of Police, NSW Police Force [2024] NSWCATAD 182

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Smith v Commissioner of Police, NSW Police Force [2024] NSWCATAD 182 Hearing dates: 17 – 18 June 2024 Date of orders: 4 July 2024 Decision date: 04 July 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: K Robinson, Senior Member Decision: (1) The decision under review is affirmed. (2) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 other than to the Tribunal, the Respondent and the Respondent's legal representatives, publication, disclosure or broadcast of: (a) the contents of the exhibit received in evidence by the Tribunal on 18 June 2024 is prohibited. (b) any part of the evidence given before the Tribunal and submissions made to the Tribunal at the confidential hearing on 18 June 2024, including all recordings, whether written, electronic or aural of that hearing is prohibited. Catchwords: ADMINISTRATIVE REVIEW - firearms – refusal of licence – fit and proper person - public interest – public safety Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Evidence Act 1995 Firearms Act 1996 Cases Cited: AJO v Director-General of Transport [2012] NSWADT 101 Austin v Commissioner for Fair Trading & Commissioner of Police [2016] NSWCATAP 179 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 32 Briginshaw v Briginshaw (1938) 60 CLR 316 Bronze Wing International Pty Limited v SafeWork New South Wales [2017] NSWCA 42 Commissioner of Police, New South Wales Police Force v EMB [2021] NSWCATAP 63 Commissioner of Police, NSW Police Force v Lee [2016] NSWCATAP 234 Constantin v Commissioner of Police [2013] NSWADTAP 16 Dale v Commissioner of Police, NSW Police Force [2019] NSWCATAD 134 Director-General Ministry of Transport v FV (GD) [2008] NSWADTAP 60 Ford v Commissioner of Police [2022] NSWCATAD 87 Grenfell v Commissioner of Police [2021] NSWCATAD 124 Hariri v Commissioner of Police [2022] NSWCATAD 5 Hughes and Vale Pty Ltd v New South Wales (No.2) (1955) 93 CLR 127 Kocic v Commissioner of Police, NSW Police Force [2014] NSWCA 368 Martin v Commissioner of Police, NSW Police Force [2010] NSWADT 276 Minister for Immigration and Ethnic Affairs v Pochi (1980) 44 FLR 41 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Potts v Commissioner of Police, NSW Police Service [2010] NSWADT 311 see Minister for Immigration and Ethnic Affairs v Pochi (1980) 44 FLR 41 Smith v Commissioner of Police, NSW Police Force [2014] NSWCATAD 184 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Stamatelatos v Commissioner of Police, NSW Police Force [2018] NSWCATAD 156 Sterjovski v Director-General, Department of Transport [2002] NSWADT 10 Sullivan v Civil Aviation Authority (2014) 22 FCR 555; [2014] FCAFC 93 Ward v Commissioner of Police [2000] NSWADT 28 YG and GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None Cited Category: Principal judgment Parties: Michael Kenneth Smith (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: Lowe T (Applicant) Watts M (Respondent)