Rowe v Commissioner of Police, NSW Police Force [2014] NSWCATAP 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rowe v Commissioner of Police, NSW Police Force [2014] NSWCATAP 14 Hearing dates: 4 April 2014 Decision date: 01 May 2014 Before: N Hennessy LCM, Deputy President A Scahill, Senior Member M Bolt, General Member Decision: The order of the Tribunal to dismiss the application for want of jurisdiction is affirmed. The appeal is dismissed. Catchwords: STATUTORY INTERPRETATION - meaning of s 75(1)(c) of the Firearms Act 1996- effect of order quashing an Apprehended Violence Order on the Tribunal's jurisdiction Legislation Cited: Administrative Decision Tribunal Act 1997 Firearms Act 1996 Cases Cited: Rimanic & Anor v Business Licensing Authority [2002] VSCA 64 Category: Principal judgment Parties: Heath Rowe (Appellant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel J Brown (Appellant) Mainstone Lawyers (Appellant) Sparke Helmore Lawyers (Respondent) File Number(s): 139033 Decision under appeal Citation: [2013] NSWADT 179 Date of Decision: 2013-08-09 00:00:00 Before: General Division File Number(s): 133075

reasons for decision

Introduction 1On 19 October 2012 the Commissioner of Police notified Mr Rowe that his firearms licence had been revoked because he had become subject to an apprehended violence order. On appeal the District Court "quashed" the apprehended violence order but the Commissioner refused to reinstate his licence suggesting instead that Mr Rowe re-apply for a firearms licence. Mr Rowe applied to the Administrative Decisions Tribunal (ADT) for a review of the revocation decision. The ADT decided that it did not have jurisdiction to hear that application: Rowe v Commissioner of Police, NSW Police Force [2013] NSWADT 179. Mr Rowe appealed to the Appeal Panel of the ADT against that decision. 2On 1 January 2014 the ADT was abolished and its jurisdiction taken over by the Civil and Administrative Tribunal (NCAT). This appeal is a "part heard proceeding" and NCAT may exercise all the functions that the ADT had immediately before its abolition: Civil and Administrative Tribunal Act 2013, Sch 1, cl 7(3). That means that the provisions of the Administrative Decisions Tribunal Act 1997 (repealed) and the Firearms Act 1996 continue to apply in relation to these proceedings. 3We have decided that the Tribunal did not make an error of law in concluding that it did not have jurisdiction to hear Mr Rowe's application. Section 75(1)(c) of the Firearms Act 1996 expressly excludes an automatic revocation based on an apprehended violence order from the kinds of revocation decisions that the Tribunal is entitled to review. The fact that the apprehended violence order was later quashed does not give the Tribunal jurisdiction to review the revocation.