Kocic v Commissioner of Police, NSW Police Force [2013] NSWADT 146

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Kocic v Commissioner of Police, NSW Police Force [2013] NSWADT 146 Hearing dates: On the papers Decision date: 25 June 2013 Jurisdiction: General Division Before: Naida Isenberg, Judicial Member Decision: Under s.11(7) of the Firearms Act, the Respondent is able to tender, and the Tribunal can have regard to, the spent convictions and the conduct underlying those convictions, notwithstanding the provisions of the Criminal Records Act 1991. Catchwords: Firearms licence - fit and proper person - public interest - consideration of spent convictions Legislation Cited: Firearms Act 1996 Administrative Decision Tribunal Act 1997 Crimes (Sentencing and Procedure) Act 1999 Criminal Records Act 1991 Security Industry Act 1997 Cases Cited: Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Pearce v Commissioner of Police, New South Wales Police Service [2000] NSWADT 99 Stranges v Commissioner of Police, NSW Police Service [2004] NSWADT 221 Mahabir v Commissioner of Police, NSW Police [2006] NSWADT 358 Oliver v Commissioner of Police, New South Wales Police [2007] NSWADT 153 DP v Commissioner of Police, New South Wales Police [2007] NSWADT 277 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, NSW Police Force (GD) [2013] NSWADTAP 16 Category: Interlocutory applications Parties: Nedzad Kocic (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel D Accoto (Applicant) Rothmores Lawyers (Applicant) Bartier Perry (Respondent) File Number(s): 123327