AML v Commissioner of Police, NSW Police Force [2013] NSWADT 5

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AML v Commissioner of Police, NSW Police Force [2013] NSWADT 5 Hearing dates: 18 December 2012 Decision date: 10 January 2013 Jurisdiction: General Division Before: Magistrate N Hennessy, Deputy President Decision: The Commissioner's decision to revoke the applicant's firearms licence is set aside. Catchwords: MERITS REVIEW - revocation of firearms licence because of previous suicide attempt - meaning of "reasonable cause to believe" Legislation Cited: Firearms Act 1996 Administrative Decisions Tribunal Act 1997 Firearms Regulation 2006 Cases Cited: Ward v Commissioner of Police [2000] NSWADT 28 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 State of New South Wales v Taylor [2001] HCA 15 Category: Principal judgment Parties: AML (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: AML (Applicant in person) Bartier Perry (Respondent) File Number(s): 123230 Publication restriction: S75 of the Administrative Decisions Tribunal Act applies in respect of the applicant name

REASONS FOR DECISION

Introduction 1The Commissioner of Police revoked AML's firearms licence after he attempted suicide by overdosing on pills. Despite medical reports supporting the reinstatement of his licence, the Commissioner says that it is too soon for the Tribunal to be satisfied that AML poses 'virtually no risk' to himself. The test is whether there is reasonable cause to believe that AML may not personally exercise continuous and responsible control over firearms because of the previous suicide attempt. In my view the suicide attempt does not give rise to such a belief, nor is it in the public interest to revoke AML's licence.