Nelson v Commissioner of Police [2012] NSWADT 84

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Nelson v Commissioner of Police [2012] NSWADT 84 Hearing dates: 9 January 2012 Decision date: 04 May 2012 Jurisdiction: General Division Before: P H Molony, Judicial Member Decision: The decision revoking Mr Nelson's firearms licence is confirmed. Catchwords: Firearms licence - revocation - resident of NSW - about to become a resident of NSW Legislation Cited: Firearms Act 1996 Cases Cited: Pang v Commissioner of Police [2009] NSWADT 11 Category: Principal judgment Parties: William John Nelson (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: W Nelson (Applicant, in person) Bartier Perry (Respondent) File Number(s): 113279

REASONS FOR DECISION 1Mr Nelson was the holder of a category AB firearms licence under the Firearms Act 1996. On 28 March 2011 his firearms licence was revoked. Mr Nelson then sought an internal review of that decision. On 12 August 2011, the decision to revoke his firearms licence was confirmed on internal review. 2Mr Nelson subsequently applied to the Tribunal to review that decision. That appeal came before me on 9 January 2012, when Mr Nelson participated by phone from his daughter's home in Queensland, with Mr Mattson representing the Commissioner of Police. No oral evidence was given, with the parties instead making submissions based on the material they had each filed. 3In Mr Nelson's case the issues requiring determination are: * Whether Mr Nelson is a resident of New South Wales? If not, whether Mr Nelson is about to become a resident of this State? * If so, whether due to his health, Mr Nelson has the capacity to exercise continuous and responsible control over his firearms so as to satisfy the Commissioner, and the Tribunal, standing in his shoes, that Mr Nelson is a fit and proper person who can be trusted to have possession of firearms without danger to the public safety? * Whether Mr Nelson has demonstrated a genuine reason for holding a category AB firearms licence? * 4The Tribunal's task on reviewing the decision is to consider the issues on the merits in the light of the evidence before the Tribunal at the time of hearing, and to make the correct and preferable decision. 5There is no dispute that Mr Nelson suffers from a neurological condition called inclusion body myositis. This is a slowly progressive muscular disorder. There is also no dispute that Mr Nelson does not have a permanent place of residence in New South Wales and has been receiving treatment for his medical condition in Queensland. Mr Nelson has a post office box at Port Macquarie that he uses as his mail address.