Hamed -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 148

CITATION: Hamed -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 148 DIVISION: General Division APPLICANT Hasham Hamed PARTIES: RESPONDENT Commissioner of Police, New South Wales Police Service FILE NUMBER: 013098 HEARING DATES: 29/08/2001 SUBMISSIONS CLOSED: 08/29/2001 DATE OF DECISION: 09/11/2001

BEFORE: Montgomery S - Judicial Member APPLICATION: Firearms Act - firearms licence - revocation of licence or permit - Firearms licence - revocation of licence or permit MATTER FOR DECISION: Principal matter LEGISLATION CITED : Firearms (General) Regulation 1997 Firearms Act 1996 Ex parte Meagher (1919) 336 WN(NSW) 175 CASES CITED: Australian Broadcasting Tribunal -v- Bond (1990) 170 CLR 321 Saffron -v- Federal Commissioner of Taxation (No 2) (1991) 102 ALR 19 Ridley -v- Secretary, Department of Social Security (1993) 29 ALD 726 APPLICANT REPRESENTATION: D Drewett, barrister RESPONDENT D Paterson, solicitor ORDERS: The Commissioner's decision to revoke Mr Hamed's firearms licence is affirmed.

Background 1 This is an application for a review of a decision of a delegate of the Commissioner of Police ("the Commissioner") to revoke Mr Hamed's firearms licence. Mr Hamed was issued with a Category H firearms licence on 29 January 1998 for use in his work as a security guard. The licence was suspended on 10 August 2000 and revoked on 13 February 2001. 2 The decision to revoke Mr Hamed's firearms licence was based on Mr Hamed's failure to possess a current Firearms Accreditation Certificate, the Commissioner's view that Mr Hamed is not a fit and proper person to hold a firearms licence, and the Commissioner's view that it is not in the public interest for Mr Hamed to continue to hold a firearms licence. 3 In reaching this decision, the delegate considered an event which took place on 31 July 2000 after Mr Hamed was were stopped by police for a traffic matter. It was alleged that Mr Hamed became aggressive, violent and argumentative and continually hindered the police officers. Mr Hamed was arrested and charged with the traffic offence and with resist police and hinder police charges. On 28 November 2000 Mr Hamed was convicted of Resist or hinder police officer in the execution of their duties and Resist officer in execution of duty for which he was fined $200 on each charge. Mr Hamed appealed the conviction and on 24 January 2001 the Parramatta District Court found the offences were proved and dismissed the conviction under Section 10 of the Crimes (Sentencing Procedure) Act 1999. 4 On 12 March 2001 Mr Hamed requested an Internal Review of the decision to revoke his firearms licence. On 21 March 2001 the Internal Review was finalised and a decision was made affirming the decision to revoke Mr Hamed's firearms licence. Mr Hamed applied to the Tribunal for a review of the Commissioner's decision on 20 April 2001.