Petas v Commissioner of Police, NSW Police [2013] NSWADT 137

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Petas v Commissioner of Police, NSW Police [2013] NSWADT 137 Decision date: 13 June 2013 Jurisdiction: General Division Before: S Frost, Judicial Member Decision: Decision set aside; matter, remitted to the Respondent for reconsideration, in accordance with a direction that the Applicant be granted a category A and category B firearms licence within 28 days of publication of these reasons, either: (a)unconditionally; or (b)subject, if the Respondent considers it appropriate, to a condition that the Applicant not act as a director or executive of an gun club; or (c)subject to any other condition that the Respondent considers appropriate, and consistent with the Tribunal's finding that issuing a category A and category B licence to the Applicant would not be contrary to the public interest. Catchwords: Firearms licensing - public interest Legislation Cited: Firearms Act 1996 Firearms Regulation 2006 Cases Cited: Martin v Commissioner of Police, NSW Police Force [2010] NSWADT 276 Category: Principal judgment Parties: George Petas (Applicant); Commissioner of Police, NSW Police (Respondent) Representation: Counsel Mr P Kintominas (Applicant) Ms J Lucy (Respondent) Speirs & Associates (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 123262

reasons for decision 1GENERAL DIVISION (S FROST, JUDICIAL MEMBER): On 22 August 2010 a young woman by the name of Shamin Fernando attended the Sydney Pistol Club to participate in the Club's "match of the day" shoot. At the time Ms Fernando was a probationary member of the Club. She did not hold a firearms licence but she was allowed to take part in the shoot because of an exemption in s 6B of the Firearms Act 1996 (the Act). 2At the end of the shoot Ms Fernando left the Club premises. When she left she took with her the pistol she had been firing at the range, together with a number of unspent rounds of ammunition. By mid-afternoon she had used the pistol to shoot and kill her father. 3George Petas, the applicant in these proceedings, was the duty officer at the Club throughout the time that Ms Fernando was on the range. He had held firearms licences, both personal and as a firearms dealer, since 1991. His licences were suspended, and later revoked, as a result of his involvement, as the Club's duty officer, in the events of 22 August 2010. 4Mr Petas subsequently made a further application for a category AB firearms licence. That application was refused. He sought internal review, which was also refused. He has now applied to the Tribunal for review of the refusal decision. 5I have decided to set aside the decision of the Respondent. My reasons follow.