Vargovic v Commissioner of Police, NSW Police Force [2017] NSWCATAD 336

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vargovic v Commissioner of Police, NSW Police Force [2017] NSWCATAD 336 Hearing dates: 13 March 2017 and 14 July 2017 Date of orders: 17 November 2017 Decision date: 17 November 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: (1) The decision to revoke the applicant's Category AB firearms licence is set aside. Catchwords: FIREARMS ACT – firearms – revocation of licence – contrary to the public interest – psychological state of applicant – competing evidence Legislation Cited: Firearms Act 1996 Firearms Regulation 2006 Cases Cited: Comalco Aluminium (Bell Bay) Ltd v O'Connor and Others (1995) ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Cusumano v Commissioner of Police [2001] NSWADT 50 Ward v Commissioner of Police [2000] NSWADT 28 Cook v Commissioner of Police [2003] NSWADT 30 Wiltshire v Commissioner of Police [2005] NSWADT 75 Category: Principal judgment Parties: Vladi Vargovic (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: In Person (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 2016/00378340 Publication restriction: Section 64 of the Civil and Administrative Tribunal Act 2013 applies to the material filed by the respondent on a confidential basis, to the documents produced under summons by G Dale and marked "Confidential", to those paragraphs of these reasons identified as [Not for publication], to the evidence given in private before the Tribunal and to the record of that part of the proceedings conducted in private pursuant to s 49. That material is not to be released to either the applicant or to the public.