Lynch v Commissioner of Police, NSW Police Force [2014] NSWCATAD 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lynch v Commissioner of Police, NSW Police Force [2014] NSWCATAD 36 Hearing dates: 22 July 2013 Decision date: 26 March 2014 Before: S Montgomery, Senior Member Decision: The Respondent's decision to revoke the Applicant's category G firearms licence is set aside and the licence is reinstated. Catchwords: firearms licence - revocation - whether walls provide a substantial barrier to forced entry - meaning of substantial Legislation Cited: Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearm Regulations 2006 Cases Cited: Australian Education Union v Department of Education and Children's Services [2012] HCA 3 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Project Blue Sky Inc & Others v Australian Broadcasting Authority (1998) 194 CLR 355 Category: Principal judgment Parties: Graham Frederick Lynch (Applicant); Commissioner of Police, NSW Police Force (Respondent) Representation: T Hartmann, Hartmann & Associates, solicitors (Applicant) J Mattson, Bartier Perry (Respondent) File Number(s): 133015

reasons for decision 1This matter was commenced in the General Division of the Administrative Decisions Tribunal ("the ADT"). On 1 January 2014, the ADT was abolished and its functions were taken over by the Civil and Administrative Tribunal of New South Wales ('NCAT'). The present decision is therefore a decision of NCAT. But because the proceedings to which it relates are 'part heard proceedings' as defined in clause 6(1) of Schedule 1 of the Civil and Administrative Tribunal Act 2013, they are to be determined as if that Act had not been enacted (see clause 7(3)(b) of this Schedule). 2The Applicant seeks a review of the Respondent's decision to revoke the category G firearms licence that he held under the Firearms Act 1996 ("the Act"). 3The Respondent's decision to revoke the Applicant's licence was made on the ground that the Applicant had not complied with conditions of his licence as prescribed under subsection 20(e) of the Act and clause 34(7)(c) of the Firearm Regulations 2006 ("the Regulation"). 4The Applicant is a collector on antique firearms. He stored his firearms in his garage ("the garage") that was adapted for that purpose and as an entertainment area in 2011. The issue in dispute is whether the walls of the garage satisfy the requirements of clause 34(7)(c) of the Regulation.