Pantle -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 207

CITATION: Pantle -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 207 DIVISION: General Division APPLICANT PARTIES: Adam Pantle RESPONDENT Commissioner of Police, New South Wales Police Service FILE NUMBER: 013202 HEARING DATES: 12/11/2001 SUBMISSIONS CLOSED: 11/12/2001 DATE OF DECISION: 12/04/2001

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 Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Crimes Act 1900 Firearms (General) Regulation 1997 Firearms Act 1996 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Sobey v Commercial Private Agent's Board [1979] 22 SASR 70 CASES CITED: Incorporated Law Institute of New South Wales v Meagher (1909) 9 CLR 655 Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 Re Milte & Ors, Legal Practitioners (1991) 22 ATR 740 In New South Wales Bar Association v Hamman [1999] NSWCA 404 APPLICANT REPRESENTATION: R Frodsham, agent RESPONDENT J Klarica, barrister ORDERS: The decision of the Commissioner not to issue Mr Pantle with a Category A and B firearms licence is set aside.

1 This is an application for a review of a decision of the Commissioner of Police (the Commissioner) not to grant Mr Pantle a Class A and B firearms licence. The reasons for the refusal were that Mr Pantle is not a fit and proper person to hold a licence and that it is not in the public interest for him to do so. 2 The Commissioner relied on the fact that Mr Pantle was found guilty, with no conviction recorded, of possession of a prohibited plant in 1994. The second reason for refusing Mr Pantle's application was his conduct in relation to shooting on the property of a Mr Burrell in 1996 and subsequently making a false report to police that his pistol had been stolen from his car. 3 About a year after the incident on the property, police interviewed Mr Pantle in relation to another matter. At that interview, Mr Pantle admitted to making a false report to police. On 10 October 1997, the Commissioner revoked Mr Pantle's target pistol licence and shooters licence. He has not had a firearms licence since that date. He applied again for a Category A and B (shooters) licence on 4 May 2001. It is the Commissioner's refusal to issue that licence that is the subject of his application to the Tribunal.