Walker -v- Commissioner of Police, New South Wales Police Service [2002] NSWADT 225

CITATION: Walker -v- Commissioner of Police, New South Wales Police Service [2002] NSWADT 225 DIVISION: General Division APPLICANT PARTIES: Kevin Allan Walker RESPONDENT Commissioner of Police, New South Wales Police Service FILE NUMBER: 023147 HEARING DATES: 03/10/2002 SUBMISSIONS CLOSED: 10/03/2002 DATE OF DECISION: 11/06/2002

BEFORE: Grotte E - Judicial Member APPLICATION: Firearms Act - firearms licence - revocation of licence or permit - Firearms licence - revocation of licence or permit MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Firearms (General) Regulation 1997 Firearms Act 1996 Phegan v Commissioner of Police, New South Wales Police Service [2002] NSWADT 127 CASES CITED: Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 29 Police v Toleafoa [1999] NSWADTAP 9 O'Sullivan v Farrer (1989) 168 CLR 210 APPLICANT REPRESENTATION: In person RESPONDENT J Klarica, barrister ORDERS: The decision of the Commissioner to revoke the applicant's licences is affirmed.

Introduction 1 On 25 May 2002 the Commissioner of Police (the Commissioner) revoked Mr Walker's Category A,B and C firearms licences. These licences enabled Mr Walker to engage in recreational shooting and vermin control on his property. The reason for the revocation was that Mr Walker had been found guilty, with no conviction recorded, of the following two firearms offences in the local court: (i) Possessing an unregistered firearm - not prohibited firearm/pistol; (ii) Not keeping firearm safely - not prohibited firearm/pistol. 2 Mr Walker was placed on 12 month good behaviour bonds in relation to these offences. 3 Accordingly, the Commissioner of Police was not satisfied that it was in the public interest for Mr Walker to continue to hold a firearms licence. 4 On 8 July 2002 Mr Walker applied to the Tribunal for a review of that decision. Jurisdiction 5 The Tribunal has jurisdiction to determine this matter pursuant to s 75(1)(c) of the Firearms Act 1996 ( Firearms Act ) and s 38 of the Administrative Decisions Tribunal Act 1997 (ADT Act). The relevant law 6 The Firearms Act sets up a scheme for licensing people to possess and use firearms. One of the principles of the Act as set out in section 3(1)(a) is: (7) to confirm firearm possession and use as a privilege that is conditional on the overriding need to ensure public safety. 7 Section 24(2) sets out some of the grounds on which the Commissioner may revoke a licence. The Commissioner relied on a single ground in this case, namely section 24(2)(d). That provision states that a licence may be revoked for any other reasons prescribed by the regulations. Clause 17 of the Firearms (General) Regulation 1997 (the Regulation) states that: In accordance with section 24(2)(d) of the Act, a licence may be revoked if the Commissioner considers that it is not in the public interest for the person to whom it is issued to continue to hold it.