Clay v Commissioner of Police, NSW Police Force [2018] NSWCATAD 49

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Clay v Commissioner of Police, NSW Police Force [2018] NSWCATAD 49 Hearing dates: 7 February 2018 Date of orders: 01 March 2018 Decision date: 01 March 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: 1. The decision under review is set aside.

2. In substitution for that decision, the following decision is made: The applicant is granted a Category AB firearms licence. Catchwords: ADMINISTRATIVE LAW – merits review - firearms licence –– where applicant diagnosed with borderline personality disorder – where no ongoing treatment but symptom free period – whether risk of relapse – whether granting a licence contrary to the public interest - whether licence should be granted on conditions Legislation Cited: Firearms Act 1996 (NSW) Mental Health Act 2007 (NSW) Cases Cited: AML v Commissioner of Police NSW Police Force [2013] NSWADT 5 Constantin v Commissioner of Police, NSW Police Force [2013] NSWADTAP 16 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Moroney v Commissioner of Police NSW Police Force [2015] NSWCATAD 138 Ward v Commissioner of Police [2000] NSWADT 28 Category: Principal judgment Parties: Daniel John Clay (Applicant) The NSW Commissioner of Police (Respondent) Representation: Applicant (self-represented)

Solicitors: Respondent: Maddocks File Number(s): 2017/00331574 Publication restriction: Nil