Museth v Commissioner of Police, NSW Police Force [2014] NSWCATAD 98

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Museth v Commissioner of Police, NSW Police Force [2014] NSWCATAD 98 Hearing dates: 23 June 2014 Decision date: 15 July 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior member Decision: The decisions under review are affirmed Catchwords: Firearms licence and revocation of Firearms licence - - public interest Legislation Cited: Administrative Decisions Review Act 1997 Firearms Act 1996 Cases Cited: Shi v Migration Agents Registration Authority [2008] HCA 31 Wiltshire v Commissioner of Police, New South Wales Police [2005] NSWADT 75 Ward v Commissioner of Police, New South Wales Police Service[2000] NSWADT 28 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 LY v Commissioner of Police, NSW Police [2004] NSWADT 115 Category: Principal judgment Parties: Michael Museth (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: M Museth (Applicant in person) Minter Ellison (Respondent) File Number(s): 1410080

reasons for decision

Background 1The applicant, Michael Museth held a Category AB firearms licence, which was revoked on 18 September 2013. That decision was affirmed on internal review. The applicant seeks review by this Tribunal of the decision to revoke the Applicant's category AB firearms licence. 2On 4 December 2013 the Applicant applied for a new Category AB firearms licence. This application was refused by the Respondent on 25 February 2014. No internal review of that decision was conducted but it was clear from the application for review that the applicant sought review of that decision also. The Tribunal decided under s.55(4) of the Administrative Decisions Review Act 1997 to deal with the application in order to protect the applicant's interests.