Lucano v Commissioner of Police, NSW Police Force [2024] NSWCATAD 301

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lucano v Commissioner of Police, NSW Police Force [2024] NSWCATAD 301 Hearing dates: 20 – 21 August 2024 Date of orders: 11 October 2024 Decision date: 11 October 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: K Robinson, Senior Member Decision: (1) The decision under review is affirmed. (2) The Applicant is to provide to the Respondent and the Tribunal, any submissions and documents they intend to rely on in response to the costs application by 4pm 18 October 2024. (3) The Respondent is to provide to the Applicant and the Tribunal, any submissions and documents they intend to rely on in relation to the costs application on or before 4pm on 25 October 2024. (4) Pursuant to s 50 of the Civil and Administrative Tribunal Act 2013, parties are to include in their written submissions on costs whether a hearing in relation to the costs application can be dispensed with. Catchwords: ADMINISTRATIVE LAW – administrative review - firearms licence - public interest – fit and proper - licence previously revoked and reinstated – public safety Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Police Act 1990 Cases Cited: AIN v Medical Council of New South Wales [2015] NSWCATAP 241 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 Campbell v Commissioner of Police, New South Wales Police Force [2022] NSWCATAC 12 at [41] and Agarwal v Commissioner of Police, NSW Police Force [2022] NSWCATAD 331 at [163]. Commissioner of Police, New South Wales Police Force v EMB [2021] NSWCATAP 63 Cong v Commissioner of Police [2022] NSWCATAD 233 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 Ebner v The Official Trustee in Bankruptcy [2000] 205 CLR 337 Ford v Commissioner of Police [2022] NSWCATAD 87 Hughes and Vale Pty Ltd v New South Wales (No.2) (1955) 93 CLR 127 icare NSW v Webb [2023] NSWCATAP 192 Jackson v University of New South Wales [2019] NSWCATAD 224 Joseph v Commissioner of Police, New South Wales Police Force [2017] NSWCA 31 Kocic v Commissioner of Police, NSW Police Force [2014] NSWCA 368 Lucano v Commissioner of Police, NSW Police Force [2010] NSWADT 320 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 Moore v Southern NSW Local Health District [2024] NSWCATAD 72 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Page v Commissioner of Police [2020] NSWCATAD 163 Pratt Holdings Pty Ltd v Commissioner of Taxation (2004) 136 FCR 357 Priest v State of New South Wales [2006] NSWSC 1281 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 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: David Christopher Lucano (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: E Vuu (Applicant) R Coffey (Respondent)