Commissioner of Police v Joseph [2016] NSWCATAP 124

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Police v Joseph [2016] NSWCATAP 124 Hearing dates: 2 March 2016 Date of orders: 09 June 2016 Decision date: 09 June 2016 Jurisdiction: Appeal Panel Before: K P O'Connor AM, ADCJ, Deputy President, Appeals P Molony, Senior Member Decision: 1. The order of the Tribunal made 14 April 2014 is set aside. 2. The decision under review is affirmed. Catchwords: OCCUPATIONAL LICENSING – firearms dealers licence – refused – application for administrative review – merits hearing by Appeal Panel – purpose of licence – considerations relevant to fitness and the public interest – refusal affirmed. Firearms Act 1996, s 11(3), s 11(7). Legislation Cited: Administrative Decisions Review Act 1997 Administrative Decisions Tribunal Act 1997 Firearms Act 1996 Firearms Regulation 2006 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Director of Public Prosecutions v Smith [1991] 1 VR 63 Hughes & Vale Pty Ltd v State of New South Wales [1955] HCA 28; (1955) 93 CLR 127 Category: Principal judgment Parties: Commissioner of Police, NSW Police Force (Appellant) Marsleno Joseph (Respondent) Representation: Counsel: C Mantziaris (Appellant) K Dailly (Respondent)

Solicitors: Mainstone Lawyers (Respondent) File Number(s): AP 14/46368 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: Joseph v Commissioner of Police [2014] NSWCATAD 46 Date of Decision: 14 April 2014 Before: N Isenberg, Senior Member File Number(s): 133112