Makin v Commissioner of Police, NSW Police Force [2015] NSWCATAD 147

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Makin v Commissioner of Police, NSW Police Force [2015] NSWCATAD 147 Hearing dates: 22 May 2015 Decision date: 14 July 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Kelly, Senior Member Decision: The decision under review is affirmed. Catchwords: Firearms licence application – mental illness – public interest – assessment of risk Legislation Cited: Firearms Act (NSW) 1996 ss 11(3)(a), 11(4)(b), 11(7) Cases Cited: Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Category: Principal judgment Parties: Michael Albert Makin (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: M Makin (Applicant in person) Lindsay Taylor Lawyers (Respondent) File Number(s): 1510107

Judgment

Introduction 1. The respondent, the Commissioner of Police, NSW Police Force (the respondent), has decided to refuse the application for a firearms licence Category ABG made by Michael Albert Makin, the applicant, on 30 October 2014. The applicant seeks the review of an internal review decision dated 6 February 2015 affirming the respondent's decision to refuse the application made on 31 December 2014. 2. The issue in this case is whether it is in the public interest to grant the application, taking into account the applicant's mental illness, bipolar disorder. 3. For the reasons that follow, I have decided to affirm the decision under review.

The relevant law 1. The Firearms Act (NSW) 1996 (the Act) prescribes the regime for firearms licensing. The principles and objectives of the Act confirm that firearm possession and use is a privilege that is conditional on the over-riding need to ensure public safety by imposing strict controls on the possession and use of firearms. 2. In Ward v Commissioner of Police [2000] NSWADT 28 at [28], the Tribunal said: "Where there has been, or is, a possibility of a threat to the public's safety, the public's right to safety must outweigh an individual's privilege to possess and use a firearm. However, in the context of the Act, the Tribunal must be satisfied that there is virtually no risk." 1. Section 11(3)(a) says that a licence must not be issued unless the respondent is satisfied that the applicant is a fit and proper person and can be trusted to have possession of firearms without danger to public safety or to peace. 2. Section 11(4)(b) of the Act says that the respondent must not issue a licence to a person if the respondent has reasonable cause to believe that the applicant may not personally exercise continuous and responsible control over firearms because of any previous attempt by the applicant to commit suicide or cause a self-inflicted injury. 3. Section 11(7) says that the respondent may refuse to issue a licence if the respondent considers the issue of the licence would be contrary to the public interest.