Cseszko v Commissioner of Police, NSW Police Force [2016] NSWCATAD 50

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cseszko v Commissioner of Police, NSW Police Force [2016] NSWCATAD 50 Hearing dates: 1 February 2016 Date of orders: 11 March 2016 Decision date: 11 March 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1. The decision under review is set aside. 2. The decision is made that the Applicants category AB licence is suspended for a period of six months from the date of this decision Catchwords: FIREARMS – cancellation of licence – alleged conduct –lack of any criminal record – evidence – fit and proper – public interest. Legislation Cited: Firearms Act 1996 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321; 94 ALR 11; 64 ALJR 462; 21 ALD 1 Barlow v Commissioner of Police, New South Wales Police Service [2003] NSWADT 254 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Cusumano v Commissioner of Police [2001] NSWADT 50 Drake v Minister of Immigration and Ethnic Affairs (1970) 2 ALD 60 Hughes & Vale Pty Ltd v State of New South Wales [1955] HCA 28; (1955) 93 CLR 127 Lynch v Commissioner of Police (GD) [2006] NSWADTAP 43 Sobey v Commercial and Private Agents Board [1979] 22 SASR 70 Vella v Commissioner of Police [2003] NSWADT 91 Ward v Commissioner of Police [2000] NSWADT 28 Category: Principal judgment Parties: Jason Cseszko (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Adams and Partners Lawyers (Applicant) Henry Davis York Lawyers (Respondent) File Number(s): 1510559