Cupples v Commissioner of Police, NSW Police Force [2014] NSWCATAD 212

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cupples v Commissioner of Police, NSW Police Force [2014] NSWCATAD 212 Hearing dates: 18 September 2014 Decision date: 04 December 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member Decision: The decision under review is affirmed Catchwords: Firearms licence revocation - Public interest - Obligations of licence holders. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2006 (NSW) Security Industry Act 1997 (NSW) Cases Cited: Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 DP v Commissioner of Police, New South Wales Police [2007] NSWADT 27Drake v Minister of Immigration and Ethnic Affairs (1970) 2 ALD 60 Lynch v Commissioner of Police (GD) [2006] NSWADTAP 80 Ward v Commissioner of Police [2000] NSWADT 28 Category: Principal judgment Parties: Aaron Cupples (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Nicholas Angelos & Co (Applicant) Minter Ellison Lawyers (Respondent) File Number(s): 1410098

reasons for decision

Background 1This is an application by Mr Aaron Cupples seeking a review of the decision by the Commissioner of Police to revoke his firearms licence. In revoking his licence, the delegate of the Commissioner found that it would not be in the public interest for Mr Cupples to retain his licence. Following an internal review, the delegate's decision was affirmed. In reaching this decision, the internal reviewer accepted that Mr Cupples was a person of good character but found that in light of Mr Cupples's conviction for not having approved storage for his ammunition together with his history of alcohol abuse and taking anti-depressants, he could not eliminate the possibility of public risk were Mr Cupples to be granted a firearms licence.