McDonald v Commissioner of Police, NSW Police Force [2018] NSWCATAD 129

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McDonald v Commissioner of Police, NSW Police Force [2018] NSWCATAD 129 Hearing dates: 30 April 2018 Date of orders: 21 June 2018 Decision date: 21 June 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: The Commissioner's decision to revoke the Applicant's firearms licence is set aside. Catchwords: ADMINISTRATIVE LAW – merits review - firearms licence –– revocation of licence – alleged mental health issues - public interest Legislation Cited: Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) Mental Health Act 2007 (NSW) Cases Cited: AML v Commissioner of Police NSW Police Force [2013] NSWADT 5 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, NSW Police Force [2013] NSWADTAP 16 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Ward v Commissioner of Police [2000] NSWADT 28 Category: Principal judgment Parties: Robert Keith McDonald (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: J Loschiavo (Applicant)

Solicitors: Jacqueline Gore & Associates Pty Ltd (Applicant) Maddocks (Respondent) File Number(s): 2017/00386606

REASONS FOR DECISION

Background 1. Robert McDonald, the Applicant, now aged 61, has owned firearms since he was a youth. He has held an AB firearms licence since the introduction of the Firearms Act 1996 (the Act). Since that time, his firearms storage arrangements have been inspected on a number of occasions, and, each time, everything has been found to be in order. In November 2016, he came to the attention of Police in an incident (the first incident) which raised mental health concerns; his licence was suspended, and his firearms seized. After a supportive report was provided by his treating psychologist, his licence was reinstated. However, in May 2017 there was a further incident (the second incident) which again raised mental health concerns and his licence was revoked under s 24(2) of the Act, that it was not in the public interest for him to continue to hold a licence. That decision was affirmed on internal review and Mr McDonald now seeks review by this Tribunal.