Bright v Commissioner of Police, New South Wales Police Service [2001] NSWADT 120

CITATION: Bright v Commissioner of Police, New South Wales Police Service [2001] NSWADT 120 DIVISION: General Division APPLICANT PARTIES: Justin Wayne Bright RESPONDENT Commissioner of Police, New South Wales Police Service FILE NUMBER: 013110 HEARING DATES: 18/07/01 SUBMISSIONS CLOSED: 07/18/2001 DATE OF DECISION: 07/20/2001

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: In person RESPONDENT D Paterson, solicitor ORDERS: 1. The Commissioner's decision not to grant the applicant a Category A firearms licence is affirmed.

Introduction 1 On 4 May 2001, Mr Bright lodged an application with the Tribunal for the review of a decision of the Commissioner of Police. The decision was to refuse Mr Bright's application for a Category A firearms licence. The reason for that refusal was that Mr Bright was subject to an apprehended violence order within 10 years before the application for the licence was made.

Relevant legislation 2 Under s 11(5) of the Firearms Act 1996 (5) A licence must not be issued to a person who: (a) is under the age of 18, or (b) has, within the period of 10 years before the application for the licence was made, been convicted in New South Wales or elsewhere of an offence prescribed by the regulations, whether or not the offence is an offence under New South Wales law, or (c) is subject to an apprehended violence order or who has, at any time within 10 years before the application for the licence was made, been subject to such an order (other than an order that has been revoked), or (d) is subject to a recognisance, granted in New South Wales or elsewhere, to keep the peace, or Note. cf 1989 Act s 25 (1) (c). (e) is subject to a firearms prohibition order. Evidence 3 Mr Bright applied for a Category A firearms licence on 13 December 2000. On 17 May 1995 the Sutherland Local Court issued an Apprehended Violence Order against Mr Bright for a period of 12 months. There is no evidence that the AVO was revoked.