Katsaros v Commissioner of Police NSW Police Force [2013] NSWADT 278

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Katsaros v Commissioner of Police NSW Police Force [2013] NSWADT 278 Hearing dates: 17 October 2013Submissions closed 1 November 2013 Decision date: 04 December 2013 Jurisdiction: General Division Before: Judicial Member Naida Isenberg Decision: The decision under review is set aside Catchwords: Firearms licence revocation - fit and proper person - attempted suicide - threat of suicide Legislation Cited: Firearms Act 1996 Administrative Decision Tribunal Act 1997 Crimes (Sentencing and Procedure) Act 1999 Cases Cited: Shi v Migration Agents Registration Authority [2008] HCA 31 Wiltshire v Commissioner of Police, New South Wales Police HYPERLINK "http://www.austlii.edu.au/au/cases/nsw/NSWADT/2005/75.html" \o "View Case"[2005] NSWADT 75 Category: Principal judgment Parties: Jassenn Katraros (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: J Katsaros (Applicant in person) Bartier Perry (Respondent) File Number(s): 133107

reasons for decision

Background 1The Respondent has decided to revoke the firearms licence of the Applicant, Jassenn Katsaros, on the basis that there is reasonable cause to believe that the Applicant may not personally exercise continuous and responsible control over firearms because of a previous attempt to commit suicide or cause self-inflicted injury: see s.24(2)(a) and s.11(4)(b) of the Firearms Act 1996 ("the Act"); and it is not in the public interest for the Applicant to continue to hold a firearms licence: see s.24(2)(d) of the Act and cl. 19 of the Firearms Regulation 2006. 2The Applicant sought internal review of the decision to revoke his firearm's licence, but the decision was affirmed. He has applied for review of the Respondent's decision.