AMJ v Commissioner of Police, NSW Police Force [2012] NSWADT 228

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AMJ v Commissioner of Police, NSW Police Force [2012] NSWADT 228 Decision date: 07 November 2012 Jurisdiction: General Division Before: S Frost, Judicial Member Decision: Set aside the decision under review; substitute a decision that the applicant's application for a firearms licence is granted. Catchwords: Firearms licensing - applicant attempted suicide - application for firearms licence refused on public interest grounds - decision set aside Legislation Cited: Firearms Act 1996 Cases Cited: Ward v Commissioner of Police, NSW Police Service [2000] NSWADT 28; Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Category: Principal judgment Parties: AMJ (Applicant); Commissioner of Police, NSW Police Force (Respondent) Representation: Mainstone Lawyers (Applicant) Sparke Helmore (Respondent) File Number(s): 123089 Publication restriction: S75 of the Administrative Decisions Tribunal Act applies

Reasons for decision 1GENERAL DIVISION (S FROST, JUDICIAL MEMBER): The applicant, referred to for the purpose of publication of these reasons as "AMJ", got her first firearms licence under the Firearms Act 1996 in 1998. She is a sports shooter, and by all accounts a very accomplished one. 2She held a licence until early 2011, when the Commissioner refused to renew it. That decision was based on the applicant's suicide attempt in May 2010. It was when she applied for a renewal of her licence that she disclosed the suicide attempt, in response to a question on the renewal form. The Commissioner refused the licence renewal application, and sent officers to the applicant's home to confiscate her firearm and any ammunition she had. 3The applicant sought review of that decision in the Tribunal but eventually withdrew her application. 4She made a subsequent application for a new firearms licence in December 2011 but that application was refused. The decision was reviewed internally but affirmed. The applicant now wants the Tribunal to review the decision. 5I have decided to set aside the respondent's decision and to substitute a decision that a firearms licence should be granted to the applicant. My reasons follow.