Freier v Commissioner of Police, NSW Police Force [2024] NSWCATAD 291

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Freier v Commissioner of Police, NSW Police Force [2024] NSWCATAD 291 Hearing dates: 16 September 2024 Date of orders: 02 October 2024 Decision date: 02 October 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: The decision under review is affirmed. Catchwords: LICENSING – firearms – revocation - mental health issues – incident of domestic violence – false statement in application – participation failure - fit and proper person – public interest Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Crimes (Sentencing and Procedure) Act 1999 Evidence Act 1995 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: Aloschi v Commissioner of Police [2021] NSWCATAD 64 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Barlow v Commissioner of Police, NSW Police Force [2003] NSWADT 254 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Hook v Commissioner of Police [2020] NSWCATAD 250 Kavalieratos v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 117 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 McDonald v Director General of Social Security (1984) 1FCR 353 at 357 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Shi v Migration Agents Registration Authority [2008] HCA 31 Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110 Texts Cited: Nil Category: Principal judgment Parties: Mark Freier (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Hartmann & Associates (Applicant) McCullough Robertson Lawyers (Respondent) File Number(s): 2024/00080392 Publication restriction: In addition to the Orders previously made by the Tribunal I make the following Order: (1) Pursuant to ss 64(1)(b), 64(1)(c) and 64(1)(d) of the Civil and Administrative Tribunal Act 2013, the transcript and recording of the confidential hearing in the proceeding on 16 September 2024 and the contents of all paragraphs in these Reasons marked '[NOT FOR PUBLICATION]' are not to be published or released to the Applicant, or the public.