Commissioner of Police, NSW Police Force v Cseszko [2016] NSWCATAP 194

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Police, NSW Police Force v Cseszko [2016] NSWCATAP 194 Hearing dates: 8 August 2016 Date of orders: 08 August 2016 Decision date: 08 August 2016 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President Dr J Lucy, Senior Member Decision: 1. Orders 1 and 2 made on 11 March 2016 are set aside. 2. The matter is remitted to the Tribunal as originally constituted with the following directions: (a) the Tribunal is to re-determine the matter according to law and in accordance with the Appeal Panel's reasons; (b) the matter is to be re-determined without fresh evidence apart from any evidence of events or circumstances which have arisen since the hearing on 1 February 2016. 3. The remitted matter is listed for directions on 16 August 2016 at 10.30 am. Catchwords: APPEAL – Administrative Law – administrative review of decision by Commissioner of Police to revoke firearms licence – decision set aside and substituted with decision to suspend the licence – whether Tribunal has power to suspend – power of Tribunal under s 63 of the Administrative Decisions Review Act 1997 Legislation Cited: Administrative Appeals Tribunal Act 1975 (Cth), s 43 Administrative Decisions Review Act 1997 (NSW), s 9, s 63 Civil and Administrative Tribunal Act 2013 (NSW). s 30, s 80 Firearms Act 1996 (NSW), s 19, s 22, s 24, s 75 Firearms Regulation 2006 (NSW), cl 19 Cases Cited: Nevell v NSW Police Force [2016] NSWCATAD 45 Beale v GIO (1997) 48 NSWLR 430 Texts Cited: Geoffrey Flick. Federal Administrative Law, Lawbook Co, Australia, 2007 Category: Principal judgment Parties: Commissioner of Police, NSW Police Force (Appellant) Jason Cseszko (Respondent) Representation: Counsel: P Ginters (Appellant) D Shridhar (Respondent) Solicitors: Henry Davis York (Appellant) Adams & Partners Lawyers (Respondent) File Number(s): AP 16/17332 Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Administrative and Equal Opportunity Division Date of Decision: 11 March 2016 Before: S Montgomery, Senior Member File Number(s): 1510559