Turley v Commissioner of Police, NSW Police Force [2012] NSWADT 162

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Turley v Commissioner of Police, NSW Police Force [2012] NSWADT 162 Hearing dates: 12 March 2012, 9 July 2012 Decision date: 09 July 2012 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: The decision under review is set aside. The decision is made that Mr Turley's licence is reinstated. Catchwords: Firearms Licence - Revocation - Alcohol Dependence - licence reinstated Legislation Cited: Administrative Decisions Tribunal Act 1997 Firearms Act 1996 Firearms Regulation 2006 Cases Cited: Aubrey v The Commissioner of Police [2005] NSWADT 266 Barrow v The Commissioner of Police [2004] Hearing 06/09/04 - Unreported Bevan v The Commissioner of Police (2004] NSWADT 1 Commissioner of Police v Gainey [2007] NSWADTAP 23 Feuerstein v Commissioner of Police, NSW Police [2007] NSWADT 114 Lynch v The Commissioner of Police (GD) [2006] NSWADTAP 43 Ward v Commissioner of Police [2000] NSWADT 28 Weckert v Commissioner of Police, NSW Police Force [2011] NSWADT 197 Category: Principal judgment Parties: Mark Turley (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: S Mainstone, Mainstone Lawyers (Applicant) Sparke Helmore (Respondent) File Number(s): 113292

REasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): Mr Turley ("the Applicant") was the holder of a Category AB firearms licence issued under the Firearms Act 1996 ("the Act"). He has been authorised for firearms in NSW for many years and has held a Category AB firearms licence since at least 1998. The licence was held for the genuine reason of Recreational Hunting/Vermin Control. The current licence was issued in October 2008 and due to expire in October 2013. The licence was suspended on 20 April 2011 and then revoked on 9 August 2011. 2The revocation was affirmed on internal review and the Applicant applied to the Tribunal for external review of the decision. 3The matter came before me for hearing on 12 March 2012. It did not conclude on that day and was adjourned for further hearing. The matter again came before me on 9 July 2012 and on that occasion I determined that the licence should be reinstated. The Applicant has requested written reasons for my decision pursuant to section 89 of the Administrative Decisions Tribunal Act 1997 ("the ADT Act") and these reasons are provided in accordance with that request.