Nguyen v Commissioner of Police, New South Wales Police Force [2018] NSWCATAD 242

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nguyen v Commissioner of Police, New South Wales Police Force [2018] NSWCATAD 242 Hearing dates: 8 October 2018 Date of orders: 17 October 2018 Decision date: 17 October 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: D A C Robertson, Senior Member Decision: (1) The application is dismissed as the Tribunal has no jurisdiction to determine the matter. Catchwords: ADMINISTRATIVE LAW – Firearms Act 1996 (NSW) – firearms prohibition order – applicant convicted under s 572C Crimes Act of offence involving goods in custody – whether applicant disqualified pursuant to s 75(1A) of the Firearms Act from seeking review of the respondent's decision to serve a firearms prohibition order– whether an offence under s 527C of the Crimes Act is an "offence involving dishonesty" WORDS AND PHRASES - "an offence involving fraud, dishonesty or stealing" Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Crimes Act 1900 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) Property Stock and Business Agents Act 2002 (NSW) Security Industry Regulation 1998 (NSW) Cases Cited: Barber v Law Society of New South Wales (No 2) [2001] NSWSC 361 C v Johnson [1967] SASR 279 Farah v Director General, Department of Finance and Services [2014] NSWCATAP 23 Joyce v Commissioner of Police, New South Wales Police Service [2000] NSWADT 17 Joyce v Commissioner of Police, New South Wales Police Service [2000] NSWADTAP 17 Pollard v Commonwealth Director of Public Prosecutions (1992) 28 NSWLR 659 Song v Commissioner for Fair Trading, NSW Office of Fair Trading [2006] NSWADT 218 Tafengatoto v Commissioner of Police, New South Wales Police Service [2001] NSWADT 40 Category: Principal judgment Parties: Barry Mackie Nguyen (Applicant) Commissioner of Police, New South Wales Police Force (Respondent) Representation: Counsel: P Kondich (Applicant) H El Hage (Respondent)