Sheehan v Commissioner of Police, NSW Police Force [2017] NSWCATAD 232

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sheehan v Commissioner of Police, NSW Police Force [2017] NSWCATAD 232 Hearing dates: 1 June 2017 Date of orders: 25 July 2017 Decision date: 25 July 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: The decision of the Commissioner of Police to revoke the applicant's AB firearms licence is affirmed. Catchwords: ADMINISTRATIVE LAW – Firearms licence – continuous and responsible control over firearms – public interest – contravention of condition Legislation Cited: Administrative Decisions Review Act 1997 s 63 Firearms Act 1996 ss 3, 11, 24, 74 Firearms Regulation 2006 cl 19 Cases Cited: Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, NSW Police Force (GD) [2013] NSWADTAP 16 LY v Commissioner of Police, NSW Police [2004] NSWADT 115 Tolley v Commissioner of Police, NSW Police Force [2006] NSWADT 149 Ward v Commissioner of Police, NSW Police Service [2000] NSWADT 28 Category: Principal judgment Parties: Peter Thomas Sheehan (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel:

Solicitors: Office of General Counsel – NSW Police (Respondent) File Number(s): 2017/00058642

reasons for decision 1. This is an application for review of a decision by the respondent to revoke the applicant's Category AB firearms licence. 2. The applicant made an application for a Category AB licence on 12 February 2016, which was granted by the Commissioner of Police on 21 March 2016. The reason for the licence was stated to be for recreational hunting and vermin control. On 28 July 2016 a condition was imposed on the licence, following the applicant's acquisition of three firearms from the applicant's son Jared Lee Sheehan. The condition was: The licence holder is prohibited from storing or possessing firearms at any location where Jared Lee Sheehan, date of birth 29/4/1990, resides or frequents. 1. The applicant applied for internal review of the decision to impose a condition. On 2 February 2017 the internal review determined that on the basis of the criminal convictions of the applicant's sons, his domestic circumstances and a finding that he had breached the condition above, his AB firearms licence would be revoked.