Leviny v Commissioner of Police, NSW Police Force (GD) [2013] NSWADTAP 34

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Leviny v Commissioner of Police, NSW Police Force (GD) [2013] NSWADTAP 34 Hearing dates: 24 June 2013 Decision date: 23 July 2013 Jurisdiction: Appeal Panel - Internal Before: Judge K P O'Connor, President S Higgins, Deputy President J McClelland, Non-judicial Member Decision: Appeal dismissed Catchwords: FIREARMS LICENCE - Revocation affirmed by Tribunal - Appeal - Reliance by administrator at internal review on additional ground for revocation - permissible; statement by Tribunal as to possible future action - not unfair; failure to refer to review applicant's written submissions - not unfair - Appeal dismissed Legislation Cited: Administrative Decisions Tribunal Act 1997 Firearms Act 1996 Firearms Regulation 2006 Cases Cited: Leviny v Commissioner of Police, NSW Police Force [2013] NSWADT 62 Category: Principal judgment Parties: Geoffrey Leviny (Appellant) Commissioner of Police, NSW Police Force (Respondent) Representation: In person (Appellant) J Mattson, Bartier Perry (Respondent) File Number(s): 139015 Decision under appeal Citation: Leviny v Commissioner of Police, NSW Police Force [2013] NSWADT 62 Date of Decision: 2013-03-20 00:00:00 Before: General Division File Number(s): 123217

reasons for decision 1Mr Leviny held until 8 June 2012 a licence issued under the Firearms Act 1996 (the Firearms Act), allowing him to use category A/B firearms. It was suspended on that date, and revoked on 18 June 2012. The Commissioner of Police is the administrator of the Firearms Act. Mr Leviny applied for internal review of the decision, and was unsuccessful. He applied to the Tribunal for external review. The Tribunal has affirmed the decision. He now appeals.