Harvey v Commissioner of Police, NSW Police Force [2017] NSWCATAD 26

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Harvey v Commissioner of Police, NSW Police Force [2017] NSWCATAD 26 Hearing dates: 20 October 2016 Date of orders: 13 January 2017 Decision date: 13 January 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: The decisions under review are affirmed. Catchwords: FIREARMS – revocation of licence – refusal of licence – genuine reasons – false or misleading statements - criminal record – evidence - alleged conduct - fit and proper – risk to public safety – public interest. Legislation Cited: Administrative Decisions Review Act 1997Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulation 2006 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 32; [1990] HCA 33 Barlow v Commissioner of Police, New South Wales Police Service [2003] NSWADT 254 Commissioner of Police v Toleafoa [1999] NSW ADTAP 9 Cusumano v Commissioner of Police, New South Wales Police Service, [2001] NSW ADT 50 Davos v Commissioner of Police [2013] NSWADT 7 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 FD v Commissioner of Police, New South Wales Police [2008] NSWADT 88 Hughes & Vale Pty Ltd v State of New South Wales [1955] HCA 28; (1955) 93 CLR 127 Lynch v Commissioner of Police [2006] NSW ADTAP 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] NSW ADT 28 Category: Principal judgment Parties: Benjamin Harvey (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Hartmann & Associates (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 1610428