Knight v Commissioner of Police, NSW Police Force [2011] NSWADT 312

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Knight v Commissioner of Police, NSW Police Force [2011] NSWADT 312 Hearing dates: 8 July 2011, 10 August 2011, 14 October 2011 Decision date: 14 October 2011 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: The decision under review is affirmed. Catchwords: Firearms Act - firearms licence - revocation of licence or permit Legislation Cited: Administrative Decisions Tribunal Act 1997 Firearms Act 1996 Firearms Regulation 2006 Cases Cited: Aubrey v Commissioner of Police, New South Wales Police [2005] NSWADT 266 Commissioner of Police, New South Wales Police Service v Toleafoa [1999] NSWADTAP 9 Comalco Aluminium (Bell Bay) Ltd v O'Connor and Ors (1995) 131 ALR 657 Director of Public Prosecutions v Smith (1991) 1 VR 63 Ward v Commissioner of Police (2000) NSWADT 28 Category: Principal judgment Parties: Horace Robert Knight (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: H Knight (Applicant in person) Sparke Helmore (Respondent) File Number(s): 113118

REasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): The Applicant was the holder of a category ABC firearms licence under the Firearms Act 1996 ("the Act"). In April 2010 the licence was suspended following the laying of charges against him for common assault. That suspension was lifted following the revocation of an interim apprehended violence order in September 2010.