Commissioner of Police, NSW Police Force v Davies [2025] NSWCATAP 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Police, NSW Police Force v Davies [2025] NSWCATAP 36 Hearing dates: 29 November 2024 Date of orders: 20 February 2025 Decision date: 20 February 2025 Jurisdiction: Appeal Panel Before: Hennessy, ADCJ L Andelman, Senior Member Decision: (1) The Tribunal's decision is set aside. (2) In substitution for that decision the following decision is made: The decision of the Commissioner of Police, NSW Police Force, to revoke Mr Davies' ABH firearms licence and his large calibre pistol permit is affirmed. Catchwords: ADMINISTRATIVE LAW – scope of power to set aside administrator's decision and remit matter for reconsideration Legislation Cited: Administrative Appeals Tribunal Act 1975 (Cth) (repealed) Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2014 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) Cases Cited: Commonwealth of Australia v Beale [1993] FCA 294; (1993) 30 ALD 68 Re Bartholomai v Department of Families, Community Services and Indigenous Affairs [2010] AATA 553 Re Bartholomai v Department of Families, Community Services and Indigenous Affairs [2010] AATA 553 Webb v Port Stephens Council [2020] NSWCATAP 152 Texts Cited: Flick, Federal administrative law (looseleaf) Westlaw AU https://anzlaw.thomsonreuters.com/Browse/Home/Australia160/SecondarySources/Commentary/FederalAdministrativeLaw?transitionType=Default&contextData=(sc.Default)&VR=3.0&RS=cblt1.0 Category: Principal judgment Parties: Commissioner of Police, NSW Police Force (Appellant) Jarrod Davies (Respondent) Representation: Counsel: C Langford (Appellant) H Atkinson (Respondent)