Kocic v Commissioner of Police, NSW Police Force [2014] NSWCA 368

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kocic v Commissioner of Police, NSW Police Force [2014] NSWCA 368 Hearing dates: 7 October 2014 Decision date: 29 October 2014 Before: Basten JA at [1]; Leeming JA at [82]; White J at [94] Decision: (1) Grant leave to the applicant to appeal. (2) Dismiss the appeal. (3) Grant leave to the respondent to cross-appeal. (4) Dismiss the cross-appeal. (5) No order as to the costs of the appeal and the cross-appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - tribunals - courts and tribunals permitted to consider "spent convictions" - whether a tribunal exercising merits review is permitted to consider "spent convictions" where the original decision-maker is prohibited from doing so - Criminal Records Act 1991 (NSW), ss 12, 16

FIRE, EXPLOSIVES AND FIREARMS - firearms licences - licence must not be issued if the applicant is not a "fit and proper person" - discretion to refuse if issuing the licence would be "contrary to the public interest" - whether Criminal Records Act 1991 (NSW) precludes consideration of "spent convictions" in determining whether an applicant is a "fit and proper person" - whether Commissioner of Police prohibited by Criminal Records Act 1991 (NSW) from considering the underlying conduct of the "spent conviction" - whether spent convictions can be considered in determining public interest - Firearms Act 1996 (NSW), s 11 - Criminal Records Act 1991 (NSW), s 12