Wells v Commissioner of Police, NSW Police Force [2010] NSWADT 246

CITATION: Wells v Commissioner of Police, NSW Police Force [2010] NSWADT 246

DIVISION: General Division

APPLICANT Donald Wells PARTIES: RESPONDENT Commissioner of Police, NSW Police Force

FILE NUMBER: 093297

HEARING DATES: 15 April 2010, 4 June 2010

SUBMISSIONS CLOSED: 4 June 2010

DATE OF DECISION: 18 October 2010

BEFORE: Montgomery S - Judicial Member

CATCHWORDS: Firearms Act - firearms licence - impose a condition on licence or permit -

LEGISLATION CITED : Firearms Act 1996 Firearms Regulation 2006

Brosowski v Commissioner of Police [2003] NSWADT 182 Commissioner of Police, New South Wales Police Service v Toleafoa [1999] NSWADTAP 9 CASES CITED: Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Mewburn v Commissioner of Police, NSW Police [2009] NSWADT 24 May v The Commissioner of Police [2001] NSWADT 82 Tolley v Commissioner of Police [2006] NSWADT 149 Ward v Commissioner of Police [2000] NSW ADT 28

APPLICANT In person REPRESENTATION: RESPONDENT D Ward, barrister

ORDERS: 1. The decision under review is set aside 2. The decision is made that Mr Wells' firearms licence is to be subject to the following condition:Mr Wells is to provide to the Firearms Registry, at six monthly intervals (or as otherwise agreed by the Commissioners), a certificate from an appropriately qualified medical practitioner. That certificate is to certify that Mr Wells' medical condition does not impact on his ability to form a rational judgement or to exercise willpower to control physical acts in accordance with rational judgement or in any other way impact on his ability to personally exercise continuous and responsible control over firearms.