Nohra v Commissioner of Police, New South Wales Police Service [2001] NSWADT 15

CITATION: Nohra v Commissioner of Police, New South Wales Police Service [2001] NSWADT 15 DIVISION: General Division APPLICANT PARTIES: Tony Anthony Nohra RESPONDENT Commissioner of Police, New South Wales Police Service FILE NUMBER: 003316 HEARING DATES: 24/01/01 SUBMISSIONS CLOSED: 02/01/2001 DATE OF DECISION: 02/07/2001

BEFORE: Hennessy N (Deputy President) APPLICATION: Firearms Act - firearms licence - issue of licence or permit - Firearms licence - issue of licence or permit MATTER FOR DECISION: Principal matter LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Firearms Act 1996 CASES CITED: APPLICANT REPRESENTATION: T Morgan, solicitor RESPONDENT J Tunks ORDERS: 1. Decision of Commissioner to refuse Mr Nohra's application for Category A and B firearms licences is affirmed

Introduction 1 This is an application by Mr Nohra for a review of a decision by the Commissioner of Police to refuse his Category A and B firearms licences. Those licences would allow Mr Nohra to participate in Target Shooting, Clay Target and Recreational hunting/vermin control. Section 12 of the Firearms Act 1996 (the Act) prevents the Commissioner from issuing a licence unless he is satisfied that an applicant has a genuine reason for possessing or using the firearm. The Commissioner initially refused the application on that basis. According to the Commissioner, the applicant had not demonstrated that he was a member of an approved club which conducts competitions or activities requiring the use of a firearm. However, on receipt of a letter from the Sporting Shooters Association dated 13 March 2000, the Commissioner reconsidered his decision and was prepared to issue the licence. Before he did so, it came to his attention that Mr Nohra had been convicted of certain criminal offences. On the basis of those offences the Commissioner refused to issue the licences because he was not satisfied that Mr Nohra was a fit and proper person to have possession of a firearm. In addition, the Commissioner considered that issuing the licence would be contrary to the public interest. 2 On 27 September 2000 Mr Nohra applied to the Tribunal for a review of the Commissioner's decision. The day before the hearing, Mr Nohra's solicitor telephoned the Tribunal and advised that they were not longer acting for Mr Nohra but that he knows the date of the hearing. Mr Nohra did not come to the hearing. Registry staff were unable to contact him by phone. I decided to hear the evidence and submissions of the Commissioner in the absence of Mr Nohra. At the conclusion of those matters, the proceedings were stood over, part heard. On my instructions, the Tribunal Registry then wrote to Mr Nohra advising that he should forward to the Tribunal by 12 February 2001, any documents or statements he wanted the Tribunal to consider. The Tribunal would then determine the matter on the basis of the Commissioner's oral and written submissions as well as on the papers under s 76 of the Administrative Decisions Tribunal Act 1997 (ADT Act) should Mr Nohra respond. The letter from the Tribunal was returned with a notation that Mr Nohra was "unknown at address". Consequently this matter is being determined on the basis of the information on the file and the Commissioner's oral submissions. Legislation 3 The two grounds on which the Commissioner relied in refusing Mr Nohra a Class AB Firearms licence were that he was not a fit and proper person to hold a licence and it was not in the public interest for him to do so. These grounds can be found in s 11(3)(a) and 11(7) of the Act: (3) A licence must not be issued unless: (a) the Commissioner is satisfied that the applicant is a fit and proper person and can be trusted to have possession of firearms without danger to public safety or to the peace, . . . (7) The Commissioner may refuse to issue a licence if the Commissioner considers that issue of the licence would be contrary to the public interest.