Caines v Commissioner of Police, New South Wales Police Force [2015] NSWCATAD 154

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Caines v Commissioner of Police, New South Wales Police Force [2015] NSWCATAD 154 Hearing dates: 18 March 2015; 7 July 2015. Decision date: 22 July 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: G Walker, Senior Member Decision: Decision under review affirmed. Catchwords: FIREARMS - revocation of licence – public interest—brain injury – public safety. Legislation Cited: Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Firearms Act 1996; Firearms Regulation 2006. Cases Cited: Briginshaw v Briginshaw (1938) CLR 336; Commissioner of Police v Toleafoa [1999] NSWADTAP 9; Cusumano v Commissioner of Police, New South Wales Police Service [2001] NSWADT 50; Green v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 59; Martin v Commissioner of Police, New South Wales Police Force [2010] NSWADT 276; Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10; Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28. Category: Principal judgment Parties: Gary R Caines (Applicant) Commissioner of Police, New South Wales Police Force (Respondent) Representation: Solicitors: G Caines (Applicant in person) Lindsay Taylor Lawyers (Respondent) File Number(s): 1410433

Reasons for decision 1. The applicant Mr Gary Robert Caines applied to this tribunal on 12 August 2013 for a review of a decision of a delegate of the respondent dated 30 April 2014 affirming the decision by the respondent dated 6 November 2013 to revoke the applicant's category AB firearms licence. 2. The applicant had been issued with a shooter's licence on 16 February 1991, which was cancelled on 8 April 1999 when his new category AB firearms licence was issued. That licence expired on 20 May 2004, and the applicant's firearms were seized as he had not surrendered them, but an application for a new licence was lodged on 13 August 2007, which led to the issuance of a new AB licence on 7 November 2007. 3. That licence was suspended on 3 April 2013 following an incident on 18 March 2013 when the applicant attended at Wollongong police station at about 1:30 am and repeatedly demanded to speak to the commander, Mr Stewart. The desk officer declined to contact the commander, pointing out that it was 1:30 in the morning, but offered to take the applicant's telephone number so that Mr Stewart could call him back. In the course of the conversation, which lasted about 25 minutes, police said the applicant became increasingly noisy and kept repeating the same demand, apparently not registering the desk officer's replies. 4. The constable formed the view that the applicant was delusional, was having a nervous breakdown or was suffering from some other psychiatric condition. After the applicant had left, he performed a search on the COPS database which revealed that the applicant was the licensed owner of eight registered firearms. Believing that the applicant was in no condition to have possession of firearms, the desk officer wrote a report on the incident (exhibit R1, tab 5). 5. As a result of that incident, a decision was made on 3 April 2013 to suspend the applicant's license and he was asked to provide a psychiatric or psychological assessment to determine his fitness to remain authorized to possess and use firearms. Police served the suspension notice on the following day and seized all firearms (exhibit R1, tab 6). Following the receipt of a psychologist's report dated 18 October 2013 (exhibit R1, tab 6c) and further discussions with Wollongong police concerning the content of the conversation on 18 March, a delegate of the Commissioner by notice dated 6 November 2013 revoked the applicant's AB firearms licence (exhibit R1, tab 7a). An internal review affirmed in the delegate's decision on 30 April 2014 (exhibit R1, tab 7d).