Baidya v Commissioner of Police [2024] NSWCATAD 286

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Baidya v Commissioner of Police [2024] NSWCATAD 286 Hearing dates: 29 July 2024 Date of orders: 26 September 2024 Decision date: 26 September 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J D Little, Senior Member Decision: The Respondent's decision to revoke the Applicant firearms licence is set aside and the licence is reinstated. Catchwords: FIREARMS ACT – firearms – revocation of licence – contrary to the public interest Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulation 2006 Cases Cited: Children's Guardian v BRL [2016] NSWSC 1206 El-Ashrafi v Commissioner of Police, NSW Police Force [2017] NSWCATAD 103 FZQ v Commissioner of Police, NSW Police Force [2024] NSWCATAD 11 Keane v Commissioner of Police, New South Wales Police [2008] NSWADT 68 McDonald v Director General of Social Security (1984) 1 FCR 354 Tannous v Commissioner of Police [2011] NSWADT 116 Category: Principal judgment Parties: Katrick Chandra Baidya (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: M Warren-Gash (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 2024/00162752 Publication restriction: None

REASONS FOR DECISION 1. This is an application brought by the Applicant seeking review of decisions under the Firearms Act 1996 (the Act) by a delegate of the Commissioner of Police (the Commissioner). The delegate determined to revoke the Applicant's category H firearm licence. 2. For the reasons that follow, I set aside the decision under review and the Applicant should be reissued with his Category H firearms licence.