DMC v Commissioner of Police, NSW Police Force [2018] NSWCATAD 219

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DMC v Commissioner of Police, NSW Police Force [2018] NSWCATAD 219 Hearing dates: 6 June 2018 Date of orders: 18 September 2018 Decision date: 18 September 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The decision by the Commissioner of Police to revoke DMC's category ABC firearms licence is affirmed. Catchwords: Administrative Law – Firearms Act - firearms licence - revocation of licence - contrary to the public interest Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: Blissett v Commissioner of Police, New South Wales Police; Webb Protection Australia Pty Ltd v Commissioner of Police, New South Wales Police [2006] NSWADT 114 Comalco Aluminium (Bell Bay) Ltd v O'Connor and Others (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, NSW Police Force (GD) [2013] NSWADTAP 16 Director of Public Prosecutions v Smith [1991] VicRp 6; (1991) 1 VR 63 O'Sullivan v Farrer [1989] HCA 61; (1989) 168 CLR 210 Re Queensland Electricity Commission and Ors; Ex parte Electrical Trades Union of Australia (1987) 72 ALR 1 Category: Principal judgment Parties: DMC (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Borthwick and Butler, Solicitors (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2017/00378315 Publication restriction: The publication of the name of the applicant, his ex-wife or his children is prohibited under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013