Larsson v Commissioner of Police, NSW Police Force [2018] NSWCATAD 149

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Larsson v Commissioner of Police, NSW Police Force [2018] NSWCATAD 149 Hearing dates: 14 and 15 June 2018 Date of orders: 16 July 2018 Decision date: 16 July 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: 1. The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW – refusal of permit to possess or use a prohibited weapon (silencer) - genuine reason – recreational/sporting activity - applicant must demonstrate that the activity requires the possession or use of the weapon – whether use of a silencer is required for the activity on the basis of hearing loss or other grounds - whether there is a duty to apply the Work Health and Safety Act 2011 when determining an application for a permit. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Firearms Act 1989 (NSW) Interpretation Act 1987 (NSW) Weapons Prohibition Act 1998 (NSW) Weapons Prohibition Regulation 2017 (NSW) Work Health and Safety Act 2011 (NSW) Cases Cited: Commissioner of Police, NSW Police Force v Allen [2016] NSWCATAP 148 Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR297; 35 ALR 151 Marando v Commissioner of Police, NSW Police Force [2018] NSWCATAD 29 Mine Subsidence Board v Wambo Coal Pty Ltd [2007] NSWCA 137; (2007) 154 LGERA 60 Osborne v Commissioner of Police, New South Wales Police Service (GD) [2000] NSWADTAP 10. Texts Cited: Macquarie Dictionary Category: Principal judgment Parties: Stephen Frank Larsson (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: Mr H. El Hage (Respondent)