Fulton v Commissioner of Police, NSW Police Force [2015] NSWCATAD 150

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fulton v Commissioner of Police, NSW Police Force [2015] NSWCATAD 150 Hearing dates: 5 February 2015 and 10 March 2015.Final submission received 17 March 2015. Decision date: 16 July 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: N S Isenberg, Senior Member Decision: 1. The Commissioner's decision under review is set aside.

2. If the Applicant applies for a firearms licence after the publication of this decision, the Commissioner shall have regard to this decision Catchwords: Firearms licence; revocation; fit and proper person test; public interest test; written permission. Legislation Cited: Administrative Decisions Review Act 1997 Administrative Decisions Tribunal Act 1997 Crimes (Domestic and Personal Violence) Act 2007 Firearms Act 1996 Firearms Regulation 2006 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 94 ALR 11 Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police [2013] NSWADTAP 16 Hughes and Vale Pty Ltd v State of New South Wales (1955) 93 CLR 127 Ward v Commissioner of Police [2000] NSWADT 28 Wilkinson v Commissioner for Police [2002] NSWADT 59 Category: Principal judgment Parties: Jason William Fulton (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: North & Badgery (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 1410476