GKU v Commissioner of Police, New South Wales Police Force [2024] NSWCATAD 241

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GKU v Commissioner of Police, New South Wales Police Force [2024] NSWCATAD 241 Hearing dates: 5 July 2024 Date of orders: 16 August 2024 Decision date: 16 August 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof G D Walker, Senior Member Decision: (1) The decision under review is varied such that the condition is to be to the effect that firearms, firearm parts and ammunition are not to be stored at any location where GNZ or GQA resides or frequents. (2) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act (CAT Act) the name of the applicant and the persons named in the condition under review are to be anonymised and not to be disclosed. (3) Pursuant to s 64(1)(c) of the CAT Act, publication of the confidential material, of confidential exhibit CR4 and of matters contained in that material is prohibited. (4) Pursuant to s 64(1)(d) of the CAT Act disclosure of the confidential material, of confidential exhibit CR4 and of matters contained in that material is restricted to the respondent, the respondent's legal representatives and the tribunal. (5) Pursuant to s 64(1)(b) of the CAT Act, the publication and reporting of the confidential part of the hearing is prohibited. Catchwords: LICENSING – firearms licensing – licence condition – storage location – family members – NCIS report. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 316; Bronze Wing International Pty Ltd v SafeWork New South Wales [2017] NSWCA 42; Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16; Cusumano v Commissioner of Police, New South Wales Police Service [2001] NSWADT 50; Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 6; Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218; Kavalieratos v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 117; Kocic v Commissioner of Police, New South Wales Police Force [2014] NSWCA 366; Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97; McDonald v Director-General, Social Security [1984] FCA 57, (1984 1 FCA 354; Meggitt v Commissioner of Police [2022] NSWCATAD 353; Mulligan v Commissioner of Police [2020] NSWCATAD 272; Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10; Schettler v Commissioner of Police [2013] NSWADT 52; Sterjovski v Director-General, Department of Transport [2002] NSWADT 10; Tolley v Commissioner of Police [2006] NSWADT 149; Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110. Category: Principal judgment Parties: GKU (Applicant)