Commissioner of Police, New South Wales v Martin; Martin v Commissioner of Police, New South Wales [2018] NSWCATAP 27

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Police, New South Wales v Martin; Martin v Commissioner of Police, New South Wales [2018] NSWCATAP 27 Hearing dates: 25 July 2017 Date of orders: 22 January 2018 Decision date: 22 January 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member J Currie, Senior Member Decision: 1 By consent, pursuant to section 50 (2) of the Civil and Administrative Tribunal Act, 2013, a hearing is dispensed with in respect of appeal AP 17/33603.

2 The orders made on 30 March 2017 in application 2016/00378505 are varied as follows: (a) By consent order 1 is varied to read:

1. Commissioner's permit – Military Commemorative Display No. 411520772 (the permit) is varied by deleting condition 6.

(b) Order 2 is varied to read as follows:

2. Condition 7 of the permit is varied by adding the following: "The permit holder and/or any other employee or security guard or guards reasonably required by the Commissioner must: a) exercise and maintain close supervision of the firearms as well as any other articles at all times; and b) ensure that members of the public and anyone else attending any display and not authorised by this permit are not permitted to touch, handle or otherwise take possession of a firearm".

3 Save as provided above, appeal AP 17/19232 is dismissed.

4 Leave to extend the time to appeal in respect of appeal AP 17/33603 is refused and the appeal is otherwise dismissed.