Stamatelatos v Commissioner of Police, NSW Police Force [2018] NSWCATAD 156

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stamatelatos v Commissioner of Police, NSW Police Force [2018] NSWCATAD 156 Hearing dates: 15 June 2018 Date of orders: 24 July 2018 Decision date: 24 July 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: A Scahill, Senior Member Decision: (1) The decision under review is set aside .

(2) Pursuant to s 64(1)(b), (c) and (d) of the Civil and Administrative Tribunal Act 2013, (i) the recording and transcript of the confidential hearing held on 15 June 2018 pursuant to s 49(2) of the Act, (ii) confidential exhibit 8 , and (iii) paragraphs of these reasons which commence NOT FOR PUBLICATION are for publication only to the Respondent. They are not for publication or for release to the Applicant or any other person. Catchwords: ADMINISTRATIVE REVIEW – firearms licence - where decision to revoke firearms licence – where applicant a member of outlaw motor cycle gang – whether application is a fit and proper person to have a licence – whether it is in the public interest for applicant to have a firearms licence Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 2005 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) Cases Cited: Adams v Commissioner of Police, New South Wales Police Force [2017] 38NSWCATAD 194 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 32; [1990] HCA 33 Azzopardi v Commissioner of Police New South Wales Police Force [2013] NSWADT 205 Bronze Wing Ammunition Pty Limited v SafeWork NSW (No 2) [2016] NSWSC 988 Cianfrano v Director General, Attorney General's Dept [2008] NSWADTAP 10 Commissioner of Police v Toleafoa [1999] NSW ADTAP 9 Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16 Cusumano v Commissioner of Police, New South Wales Police Service, [2001] NSW ADT 50 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 FD v Commissioner of Police, New South Wales Police [2008] NSWADT 88 Health Care Complaints Commission v Do [2014] NSWCA 307 Hijazi v Commissioner of Police NSW Police [2014] NSWCATAD 148 House v R [1936] HCA 40 (1936) 55 CLR 499 Hughes & Vale Pty Ltd v New South Wales [No 2] (1955) 93 CLR 127 Kirbach v Health Care Complaints Commission (No. 2) [2015] NSWCATAD 234 Lai v Director-General, Department of Transport [2001] NSWADT 74 Leviny v Commissioner of Police (NSW) [2015] NSWCATAD 267 Loye -v- Director General, Department of Transport [2000] NSWADT 145 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Mielczarek v Commissioner of Police, New South Wales Police Force and Commissioner for Fair Trading [2016] NSWCATAD 34 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Naziry v Director-General, Ministry of Transport [2004] NSWADT 40 Newman v Commissioner of Police, NSW Police Force [2018] NSWCATAD 17 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Ward v Commissioner of Police [2000] NSW ADT 28 Webb v Commissioner of Police, New South Wales Police [2004] NSWADT 110 Zahra v Commissioner of Police NSW Police Force & NSW Fair Trading [2014] NSWCATAD 211 Category: Principal judgment Parties: Paul Stamatelatos (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: G Beveridge (Applicant) A Bhalla (Respondent)