GPZ v Commissioner of Police, NSW Police Force [2024] NSWCATAD 385

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GPZ v Commissioner of Police, NSW Police Force [2024] NSWCATAD 385 Hearing dates: 12 September 2024 Date of orders: 17 December 2024 Decision date: 17 December 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J Gatland, Senior Member Decision: (1) The decision to revoke the applicant's Category AB firearms licence is set aside. (2) In substitution, the Respondent is to re-instate the Applicant's Category AB firearms licence subject to the condition that the Applicant's former wife [NAME NOT FOR PUBLICATION], younger daughter [NAME NOT FOR PUBLICATION] and the Applicant's older son [NAME NOT FOR PUBLICATION] are not to reside, visit or frequent any place where the Applicant's firearms are stored or used. (3) The publication and disclosure of the unredacted version of these reasons is restricted to the parties and their legal representatives only, pursuant to ss 64(1)(c) and (d) of the Civil and Administrative Tribunal Act, 2013 (NSW). (4) Pursuant to ss 64(1)(c) and (d) of the Civil and Administrative Tribunal Act, 2013 (NSW), the names of the persons identified in paragraph 72(1) in these Reasons are not to be published or released to the public. Catchwords: ADMINISTRATIVE REVIEW – firearms licence – revocation – whether in the public interest to continue to hold a licence – consideration of factors Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Firearms Act 1996 (NSW), s 7, 11, 24 Firearms Regulation 2017, reg 20 Cases Cited: AML v Commissioner of Police, NSW Police Force [2013] NSWADT 5 Comalco Aluminium (Bell Bay) Ltd v O'Connor & Ors (1995) 61 IR 455 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Commissioner of Police, NSW Police Force v Arnold [2023] NSWCATAP 264 Constantin v Commissioner of Police [2013] NSWATAP 16 Cruickshank v Commissioner of Police [2022] NSWCATAD 115 Cusumano v Commissioner of Police, NSW Police Service [2011] NSWADT 50 Dale v Commissioner of Police, NSW Police Force [2019] NSWCATAD 134 El-Ashrafi v Commissioner of Police, NSW Police Force [2017] NSWCATAD 103 Kammoun v Commissioner of Police, NSW Police Force [2021] NSWCATAD 273 Keegan-Jaques v Commissioner of Police [2017] NSWCATAD 145 Laing v Commissioner of Police New South Wales Police Force [2017] NSWCATAD 315 Lawson v Commissioner of Police, NSW Police Force [2023] NSWCATAD 308 Madziala v Commissioner of Police, NSW Police Force [2021] NSWCATAD 269 Martin v Commissioner of Police, NSW Police Force [2010] NSWADT 276 McDonald v Director-General of Social Security (1984) 1 FCR 354 Metleg v Commissioner of Police, NSW Police Force [2023] NSWCATAD 17 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 O'Sullivan v Farrer (1989) 168 CLR 210 Petas v Commissioner of Police, NSW Police [2013] NSWADT 137 Tannous v Commissioner of Police [2011] NSWADT 116 Ward v Commissioner of Police [2000] NSWADT 28 Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110 Texts Cited: nil Category: Principal judgment Parties: GPZ (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Hartmann & Associates (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 2023/00212311 Publication restriction: (1) The publication and disclosure of the unredacted version of these reasons is restricted to the parties and their legal representatives only, pursuant to ss 64(1)(c) and (d) of the Civil and Administrative Tribunal Act, 2013 (NSW).