CSC v Commissioner of Police [2016] NSWCATAD 211

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CSC v Commissioner of Police [2016] NSWCATAD 211 Hearing dates: 27, 28 October 2015, 25 and 26 February 2016. Final written submissions were received 8 June 2016 Date of orders: 21 September 2016 Decision date: 21 September 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: N S Isenberg, Senior Member Decision: (1) The Commissioner's decision under review to revoke the Applicant's category AB firearms licence is set aside. I direct that the Applicant must not apply for a firearms licence until he has completed a prescribed firearms safety training course. I direct that, if the Applicant applies for a firearms licence after the publication of this decision, the Commissioner shall have regard to this decision.

(2) The Commissioner's decision under review to refuse the Applicant's application for a Permit to Acquire a Firearm is affirmed.

(3) Each party is to pay their own costs of the proceedings. Catchwords: MERITS REVIEW - firearms licence – revocation of firearm licence – public safety – safe and responsible storage of firearms – notification of change of storage location and residence –good character - public interest – discretionary decision – continuous and responsible control - permit to obtain firearm without current licence. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Firearms Regulation 2006 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 94 ALR 11 Director of Public Prosecutions (NSW) v Wilson [2004] NSWSC 911 Haitzler v Commissioner of Police, NSW Police Force [2014] NSWCATAD 60 Hughes and Vale Pty Ltd v State of New South Wales (1955) 93 CLR 127 Martin v Commissioner of Police, NSW Police Force [2010] NSWADT 276 Phegan -v- Commissioner of Police, New South Wales Police Service [2002] NSWADT 127 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Wilkinson v Commissioner for Police [2002] NSWADT 59 Category: Principal judgment Parties: CSC (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: CSC (Applicant in person) Lindsay Taylor Lawyers (Respondent) File Number(s): 1410166