Pikul -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 113

CITATION: Pikul -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 113 DIVISION: General Division APPLICANT PARTIES: Dimitri Pikul RESPONDENT Commisssioner of Police, New South Wales Police Service FILE NUMBER: 013014 HEARING DATES: 10/05/01 SUBMISSIONS CLOSED: 05/10/2001 DATE OF DECISION: 07/03/2001

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 Rural Lands Protection Act 1989 CASES CITED: APPLICANT REPRESENTATION: In person RESPONDENT J Tunks, solicitor ORDERS: 1. The decision of the Commissioner to refuse to grant Mr Pikul a Category D firearms licence is affirmed.

Introduction

1 On 29 January 2001, Mr Pikul applied to the Tribunal for a review of a decision of the Commissioner of Police. The decision was to refuse his application for a Category D firearms licence. Mr Pikul has a Category A, B, C and H firearms licence, but says that a Category D licence is necessary for the control of vertebrate pests on his property. A Category D licence would allow him to use a "semi auto centre-fire" weapon. 2 Under s 63 of the Administrative Decisions Tribunal Act 1997 (ADT Act) the Tribunal must decide whether the Commissioner's decision not to grant Mr Pikul a Category D licence was the "correct and preferable" decision. Rather than have a hearing, the parties consented to the Tribunal determining this matter "on the papers" under s 76 of the ADT Act.