Sisson v Commissioner of Police [2016] NSWCATAD 13

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sisson v Commissioner of Police [2016] NSWCATAD 13 Hearing dates: 16 September 2015 Date of orders: 13 January 2016 Decision date: 13 January 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: N S Isenberg - Senior Member Decision: The Commissioner's decision under review is set aside and in substitution thereof a decision that the Applicant be issued a category A, B, C licence. Catchwords: FIREARMS – licence application – fit and proper person test – public interest test. Legislation Cited: Administrative Decisions Review Act 1997 Administrative Decisions Tribunal Act 1997 Evidence Act 1995 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 Pantle v Commissioner of Police, New South Wales Police Service [2001] NSWADT 207 Ward v Commissioner of Police [2000] NSWADT 28 Wilkinson v Commissioner for Police [2002] NSWADT 59 Category: Principal judgment Parties: Wayne Earl Sisson (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Hadden Kemp Solicitors Pty Ltd (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 1510277