Schettler v Commissioner of Police, NSW Police Force [2013] NSWADT 52

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Schettler v Commissioner of Police, NSW Police Force [2013] NSWADT 52 Hearing dates: On the papers Decision date: 05 March 2013 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: 1. The decision to impose the condition on the Applicant's firearms licence is set aside. 2. In its place the decision is made that the Applicant's firearms licence is to be subject to the condition that the Applicant is to notify the Respondent at least 48 hours before Nickolaus Martin Schettler has access to premises in which the Applicant's firearms are stored. Catchwords: Firearms Act - licence conditions Legislation Cited: Administrative Decisions Tribunal Act 1997 Firearms Act 1996 Category: Principal judgment Parties: Nickolaus Georg SCHETTLER (Applicant) Commissioner of Police, NSW Police Force (Respondent) File Number(s): 123067

reasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): Mr Schettler, the Applicant, has held various licences authorising the use and possession of firearms since 1975. His current licence was issued under the Firearms Act 1996 on 10 July 2008 and will expire on 19 May 2013. 2The Applicant's licence was suspended on 3 January 2012. This followed the charging of his son with a number of serious criminal matters, including armed robbery. On internal review the Firearms Registry returned the licence, but imposed the following condition: "That your firearms not be stored at [the Applicant's residential address] or anywhere your son Nickolaus Schettler can access the firearms." 3The decision to impose that condition is the decision under review.