Elley v Commissioner of Police, NSW Police Force [2017] NSWCATAD 354

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Elley v Commissioner of Police, NSW Police Force [2017] NSWCATAD 354 Hearing dates: 14 March and 24 August 2017; Submissions by 19 September 2017. Date of orders: 30 November 2017 Decision date: 30 November 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Thode, Senior Member Decision: The decision to revoke the Applicant's Category ABCH Firearms Licence is set aside. Catchwords: Firearms licence revocation – fit and proper person – public interest Legislation Cited: Administrative Decisions Review Act 1997 Firearms Act 1996 Firearms Regulation 2006 Cases Cited: Martin v Commissioner of Police, NSW Police Force [2010] NSWADT 276 Mewburn v The Commissioner of Police, NSW Police [2009] ADT 24; Category: Principal judgment Parties: Donald McLean Elley (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Armstrong Legal (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2016/00378295

reasons for decision

Background 1. Mr Elley is a 59-year-old man (the applicant) who has never been charged with a criminal offence and was, at the time of the revocation of his firearms licenses, authorised to possess and use firearms for about three years. Mr Elley lives in a rural property in Bellingen with his wife, Mrs Michelle Elley and their two children aged 18 and 30 months. He obtained a firearms licence for the purpose of recreational pistol shooting at the local Bellingen Pistol Club. He also obtained the licences to control vermin on his property which comprises a total of 200 acres. 2. On 29 June 2011 the applicant was issued with a Category ABC firearms licence (Licence) under the Firearms Act 1996 (the Act). 3. A Category H licence was added to the Licence on 18 September 2012. 4. On 13 May 2016 the respondent revoked the applicant's licence stating that it was against the public interest. 5. On 24 June 2016 the respondent received a request for an internal review of the revocation of the Firearms Licence. 6. On 8 August 2016 the respondent's decision was affirmed on internal review. 7. The applicant's licence would have expired on 28 July 2016 had the Commissioner not revoked the licences. The applicant will, regardless of the decision of the Tribunal, have to lodge a fresh application for a new firearms licence. 8. On 23 August 2016 the applicant filed an application pursuant to s 75 of the Act seeking to have the delegate's decision set aside. The application was listed for hearing on 14 March and 24 August 2017, final submissions were received on 19 September 2017.