Martin v Commissioner of Police, NSW Police Force [2010] NSWADT 276

CITATION: Martin v Commissioner of Police, NSW Police Force [2010] NSWADT 276

DIVISION: General Division

APPLICANT Gordon George Martin PARTIES: RESPONDENT Commissioner of Police, NSW Police Force

FILE NUMBER: 103071

HEARING DATES: 25 June 2010

SUBMISSIONS CLOSED: 9 July 2010

DATE OF DECISION: 18 November 2010

BEFORE: Montgomery S - Judicial Member

CATCHWORDS: Firearms licence - revocation of licence or permit – public interest

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Firearms Act 1996 Firearms Regulation 2006

Comalco Aluminium (Bell Bay) Ltd v O'Connor and Others (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 CASES CITED: Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Wilkinson v Commissioner of Police, New South Wales Police Service [2002] NSWADT 59 Wiltshire v Commissioner of Police, New South Wales Police [2005] NSWADT 75

APPLICANT P Carey, solicitor REPRESENTATION: RESPONDENT J Tillott, solicitor

ORDERS: The decision under review is affirmed.

REASONS FOR DECISION

1 The Applicant was issued a Category ABD Firearms Licence under the Firearms Act 1996 ("the Act") in 2008. That licence was due to expire in 2013. The Commissioner revoked that licence as a result of an incident that occurred during a Christmas party gathering held by the Shoalhaven Hunting Club ("the SHC") on 12 December 2009 ("the 12 December incident"). Notice of the revocation was served on the Applicant in January 2010. The determination was affirmed on internal review. The Applicant has applied to the Tribunal for external review of that determination.