Kopko v Commissioner of Police, New South Wales Police Force [2018] NSWCATAD 124

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kopko v Commissioner of Police, New South Wales Police Force [2018] NSWCATAD 124 Hearing dates: 28 May 2018 Date of orders: 07 June 2018 Decision date: 07 June 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof G Walker, Senior Member Decision: 1. The decision under review is affirmed.

2. Pursuant to ss 64(1)(c) and (d) of the Civil and Administrative Tribunal Act 2013 the transcript and recording of the confidential hearing, confidential exhibit CR3 and the contents of all paragraphs in these reasons marked "[Not for publication]" are not to be published or released to the applicant. Catchwords: FIREARMS - licence revocation – public interest – risk of unauthorized use by person living with applicant.

WORDS AND PHRASES – "virtually no risk". Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: AML v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5; Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657; Commissioner of Police v Toleafoa [1999] NSWADTAP 9; Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16; Director of Public Prosecutions v Smith [1999] 1 VR 63; Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; Esterman v Commissioner of Police, New South Wales Police Force [2014] NSWCATOD 70; Joseph v Commissioner of Police, New South Wales Police Force [2017] NSWCA 31; Kavalieratos v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 117; Laing v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 315; Martin v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5; Masterson v Commissioner of Police, New South Wales [2017] NSWCATAP 206; Mewborn v Commissioner of Police, New South Wales Police Force [2009] NSWADT 24; Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10; Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66, (1992) 110 ALR 449; O'Sullivan v Farrer (1989) 168 CLR 210; Tolley v Commissioner of Police, New South Wales Police Service [2006] NSWADT 149; Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28; Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110. Category: Principal judgment Parties: Wendy June Kopko (Applicant) Commissioner of Police, New South Wales Police Force (Respondent). Representation: Counsel: Mr G Sundstrom (Applicant) Mr A Campbell (Respondent)