Hamshere v Commissioner of Police, NSW Police Force [2012] NSWADT 244

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Hamshere v Commissioner of Police, NSW Police Force [2012] NSWADT 244 Hearing dates: On the papers Decision date: 27 November 2012 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: The decision to revoke the Applicant's firearms licence 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: Botros -v- Commissioner of Police, NSW Police Service [2000] NSWADT 6 Burrett v Commissioner of Police, NSW Police Force [2010] NSWADT 210 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Hill v The Commissioner of Police [2002] NSW ADT 218 Kalinic v Commissioner of Police, NSW Police [2006] NSWADT 227 Maloney v Commissioner of Police, NSW Police, 22 November 2004 unreported Wiltshire v Commissioner of Police, New South Wales Police [2005] NSWADT 75 WS v Commissioner of Police, NSW Police [2007] NSWADT 71 Category: Principal judgment Parties: Neal John Hamshere (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: P J Carey Solicitors (Applicant) J Tillott, (Respondent, agent) File Number(s): 123056

REasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): The Applicant was issued with a Category AB firearms licence under the Firearms Act 1996 ("the Act") in September 2008. The licence was due to expire in September 2013. However, it was suspended on 25 March 2011 and then revoked on 15 December 2011. 2The decision to revoke the licence was based on the fact that the Applicant was subject to a good behaviour bond in relation to an offence prescribed for the purposes of the Act and the view that it was not in the public interest for the Applicant to continue to hold his firearms licence. 3The decision was reviewed internally and affirmed. The Applicant has applied to the Tribunal for external review of the decision.