Simpson v Commissioner of Police, NSW Police Force [2016] NSWCATAD 226

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Simpson v Commissioner of Police, NSW Police Force [2016] NSWCATAD 226 Hearing dates: 16 August 2016 Date of orders: 16 August 2016 Decision date: 16 August 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The decision to refuse to grant Mr Simpson's application for a firearms licence is affirmed. Catchwords: ADMINISTRATIVE REVIEW - Firearms Act - firearms licence – refusal to grant licence - offence relating to the possession or use of a firearm or any other weapon - mandatory refusal Legislation Cited: Firearms Act 1996 Firearms Regulation 2006 Weapons Prohibition Act 1998 Summary Offences Act 1988 Texts Cited: Macquarie Concise Dictionary Third Edition Category: Principal judgment Parties: Adrian Simpson (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: A Simpson (Applicant in person) Office of the General Counsel, NSW Police Force (Respondent) File Number(s): 1610426

REASONS FOR DECISION 1. Mr Simpson applied to the Respondent under the Firearms Act 1996 ("the Act") for a Category AB firearms licence. This application was refused on the grounds that he was not considered to be a fit and proper person to hold a licence, that there was reasonable cause to believe that he may not exercise continuous and responsible control over firearms and that it was not in the public interest for him to hold a licence. 2. The decision maker relied on Section 11(5)(b) of the Act which provides that the Commissioner of Police must not issue a licence to a person if satisfied that the person has, within the period of 10 years before the application for the licence was made, been convicted in New South Wales or elsewhere of an offence prescribed by the Firearms Regulation 2006 ("the Regulations"), whether or not the offence is an offence under New South Wales law. 3. Clause 5(1)(a) of the Regulations provides for offences relating to the possession or use of firearms or weapons committed under: (i) the law of any Australian jurisdiction, or (ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction). 1. It is not in dispute that on 9 June 2011 Mr Simpson was convicted of the offence 'Have custody of an offensive implement in a public place'. It is also not in dispute that the offensive implement to which the offence related was a police baton. 2. The decision maker was of the view that the offence is a "prescribed" offence as outlined in clause 5(1)(a) of the Regulations and that no discretion exists for the granting of a licence in this particular situation and according, the licence application must be refused. 3. Mr Simpson disputes the decision to refuse his licence application and has applied to the Tribunal for external review. 4. The Respondent argued that the matter should be dismissed on the basis that the refusal was mandatory. The application came before me on 16 August 2016. On that occasion I determined that the decision to refuse to grant the licence should be affirmed and I gave brief reasons for my decision. Mr Simpson has requested written reasons for my determination. These reasons are provided in response to that request.