Finnigan v Commissioner of Police, NSW Police Force [2014] NSWCATAD 102

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Finnigan v Commissioner of Police, NSW Police Force [2014] NSWCATAD 102 Hearing dates: 30 June 2014 Decision date: 17 July 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: The decision under review is affirmed. Catchwords: Firearms licence revocation - public interest Legislation Cited: Firearms Act 1996 Administrative Decisions Review Act 1997 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 Ward v Commissioner of Police, New South Wales Police Service HYPERLINK "http://www.austlii.edu.au/au/cases/nsw/NSWADT/2000/28.html" \o "View Case" [2000] NSWADT 28 Jones v Dunkel [1959] HCA 8 Commissioner of Police v Toleafoa HYPERLINK "http://www.austlii.edu.au/au/cases/nsw/NSWADTAP/1999/9.html" \o "View Case" [1999] NSWADTAP 9 AML v Commissioner of Police NSW Police Force [2013] NSWADT 5 Category: Principal judgment Parties: Applicant: Ashley Finnigan Respondent: Commissioner of Police, NSW Police Force Representation: A Finnigan (Applicant in person) Minter Ellison Lawyers (Respondent) File Number(s): 141201

reasons for decision

Background 1The Respondent has decided to revoke the firearms licence of Ashley Finnigan, the Applicant, 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 (NSW) ("the Act"); and because 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.