Smith v Commissioner of Police, NSW Police Force [2018] NSWCATAD 282

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Smith v Commissioner of Police, NSW Police Force [2018] NSWCATAD 282 Hearing dates: 29 October 2018 Date of orders: 05 December 2018 Decision date: 05 December 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof G D Walker, Senior Member Decision: 1. Decision under review set aside.

2. The applicant's category ABC firearms licence is to be reissued to him subject to the condition that except when required for use on the applicant's property, his firearms should be kept in approved safe storage on the property of the applicant's brother Mr Peter Smith, or at such other location as the Commissioner shall approve. Catchwords: LICENSING – firearms – living arrangements – alternative safe storage – unregistered non-functional airguns - mental state – public interest. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Cases Cited: Comalco Aluminium (Bell Bay) Ltd v O'Connor (1996) 131 ALR 657; Commissioner of Police, New South Wales Police Force v Toleafoa [1999] NSWADTAP 9; Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16; Director of Public Prosecutions v Smith [1999] Vic Rep 6, (1991) 1 VR 63; Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; Green v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 59; Hoffman v Commissioner of Police, New South Wales Police Service [2003] NSWADT 89; McDonald v Director-General of Social Security [1984] FCA 57, (1984) 1 FCR 354; Mewburn v Commissioner of Police, New South Wales Police Force [2009] NSWADT 24; Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10; Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66, (1992) 110 ALR 449; O'Sullivan v Farrer [1989] HCA 61, (1989) 168 CLR 210; Smith v Commissioner of Police (2007) ADT 063448 unreported; Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28; Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110. Category: Principal judgment Parties: Mr Paul S Smith (Applicant) Commissioner of Police, New South Wales Police Force (Respondent) Representation: Applicant in person