Sciberras v Commissioner of Police New South Wales Police Force [2015] NSWCATAD 206

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sciberras v Commissioner of Police New South Wales Police Force [2015] NSWCATAD 206 Hearing dates: 7 May 201510 July 2015 Date of orders: 13 October 2015 Decision date: 13 October 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer Senior Member Decision: (1) The decision under review is set aside. (2) In substitution the Respondent is to re-instate the applicants licence with the Special Conditions referred to in the decision of 1 August 2014 and reproduced at paragraph 9 of these reasons. (3) Order (2) is contingent on the applicant satisfying the Commissioner afresh of any nominated item in the Table to section 12 of the Firearms Act 1996. Catchwords: FIREARMS – Fit and proper – cancellation of licence – alleged conduct – alleged associations – lack of any criminal record – evidence – objects of legislation – public interest – reinstatement – special conditions on licence. Legislation Cited: Crimes (Criminal Organisations Control) Act 2012 Firearms Act 1996 Firearms Regulation 2006 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 94 ALR 11 Constantin v Commissioner of Police [2012] NSWADT 172 Pobjie v Commissioner for Fair Trading [2008] NSWADT 39 Constantin v Commissioner of Police [2013] NSWADTAP 16 Sobey v Commercial and Private Agents Board 20 SASR 70 Zahra v Commissioner of Police NSW Police Force and NSW Fair Trading [2014] NSWCATAD 211 Category: Principal judgment Parties: Mark James Sciberras (Applicant) Commissioner of Police NSW Police Force (Respondent) Representation: Solicitors: Applicant: Sydney City Lawyers Respondent: Sparke Helmore Lawyers File Number(s): 1410701 Publication restriction: Section 64 (1) (d) of the Civil and Administrative Tribunal Act applies to those paragraphs of these reasons identified as [not for publication]. Those paragraphs are not to be released to either the Applicant or the public.