Macdonald v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 199

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Macdonald v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 199 Hearing dates: 18 November 2016, 16 March 2017 and 19 April 2017 Date of orders: 21 June 2017 Decision date: 21 June 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision to revoke the Applicant's Category A Firearms Licence is set aside. Catchwords: FIREARMS – Fit and proper – cancellation of licence – alleged conduct – Psychological state of applicant– evidence – objects of legislation – public interest – reinstatement. Legislation Cited: Firearms Act 1996 Firearms Regulation 2006 Cases Cited: Jones v Dunkel (1959) 101 CLR 298 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179 (1979) 46 FLR 409 Constantin v Commissioner of Police [2013] NSWADTAP 16 Comalco Akuminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Australian Broadcasting Tribunal v Bond (1990) 94 ALR 11 Constantin v Commissioner of Police [2012] NSWADT 172 Pobjie v Commissioner for Fair Trading [2008] NSWADT 39 Sobey v Commercial and Private Agents Board 20 SASR 70 Petas v Commissioner of Police NSW Police Force [2013] NSWADT 137 Martin v Commissioner of Police NSW Police Force [2010] NSWADT 276 Texts Cited: DSM IV DSM V Category: Principal judgment Parties: John Macdonald (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: In Person (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 2016/00378269 Publication restriction: Nil