Rivero v Commissioner of Police, NSW Police Force [2019] NSWCATAD 39

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rivero v Commissioner of Police, NSW Police Force [2019] NSWCATAD 39 Hearing dates: 26 November 2018 Date of orders: 18 March 2019 Decision date: 18 March 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: (1) The decision under review is set aside.

(2) In its place, the decision is made that the application by Mr Shannon Rivero for the grant of a licence under the Firearms Act 1996 is granted. Catchwords: Administrative Law – refusal of firearms licence - safe storage – unregistered firearm - firearms stolen – public interest. Legislation Cited: Firearms Act 1996 Firearms Regulation 2017 Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Cases Cited: 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 [2013] NSWADTAP 16. Cory v Commissioner of Police, New South Wales Police Force [2019] NSWCATAD 32 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60 Hoffman v Commissioner of Police, NSW Police Service [2003] NSWADT 89 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 McDonald v Director-General of Social Security [1984] FCA 57; (1984) 1 FCR 354 Saba v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 129 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Webb v Commissioner of Police, New South Wales Police [2004] NSWADT 110 Wilkinson v Commissioner of Police, New South Wales Police Service [2002] NSWADT 59 Wiltshire v Commissioner of Police, New South Wales Police [2005] NSWADT 75 Category: Principal judgment Parties: Shannon Rivero (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: In person (Applicant)