Behjan v Commissioner of Police, NSW Police Force [2024] NSWCATAD 297

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Behjan v Commissioner of Police, NSW Police Force [2024] NSWCATAD 297 Hearing dates: 18 September 2024 Date of orders: 08 October 2024 Decision date: 08 October 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 and Respondent publication or broadcast of: (a) the contents of the confidential material provided by the Respondent is prohibited; and (b) any part of the evidence given before the Tribunal and submissions made to the Tribunal at the confidential hearing on 18 September 2024, including all recordings, whether written, electronic or aural of that hearing is prohibited. Catchwords: ADMINISTRATIVE LAW – administrative review - firearms – fit and proper person - public interest – non-compliance with licence conditions Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 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 321 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 Constantin v Commissioner of Police [2013] NSWADTAP 16 Cook v Commissioner of Police, New South Wales Police Service [2003] NSWADT 30 Dale v Commissioner of Police, NSW Police Force [2019] NSWCATAD 134 Edlington v Commissioner of Police, NSW Police Force [2019] NSWCATAD 58 Ford v Commissioner of Police [2022] NSWCATAD 87 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, New South Wales Police Force [2017] NSWCATAD 97 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 Smith v Commissioner of Police, NSW Police Force [2014] NSWCATAD 184 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Walters J 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 Tolley v Commissioner of Police, NSW Police [2006] NSWADT 149 Ward v Commissioner of Police [2000] NSWADT 28 Wiltshire v Commissioner of Police, New South Wales Police [2005] NSWADT 75 YG and GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None cited Category: Principal judgment Parties: Allen George Behjan (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Applicant (Self-Represented) Crown Solicitor (Respondent) File Number(s): 2023/00445945 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 other than to the Tribunal and Respondent publication or broadcast of: (a) the contents of the confidential material provided by the Respondent is prohibited; and (b) any part of the evidence given before the Tribunal and submissions made to the Tribunal at the confidential hearing on 17 September 2024, including all recordings, whether written, electronic or aural of that hearing is prohibited.