Holdsworth v Commissioner of Police, NSW Police Force [2019] NSWCATAD 42

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Holdsworth v Commissioner of Police, NSW Police Force [2019] NSWCATAD 42 Hearing dates: 7 November 2018 Date of orders: 07 November 2018 Decision date: 19 March 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The time for filing of the application is extended to 9 July 2018 Catchwords: Administrative Law – revocation of a firearms prohibition order – application out of time – extension of time Legislation Cited: Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms and Dangerous Weapons Act 1973 Administrative Decisions Review Act 1997 Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Stamatelatos v Commissioner of Police, NSW Police Force [2018] NSWCATAD 156 Tomko v Palasty (No 2) [2007] NSWCA 369 Texts Cited: Nil Category: Procedural and other rulings Parties: Craig Holdsworth (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: J Cairn (Applicant)

Solicitors: Nelson Keane & Hemingway Lawyers (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 2018/00210454 Publication restriction: Nil

Reasons for Decision

Introduction 1. Mr Craig Holdsworth ("the Applicant") has applied to the Tribunal seeking the revocation of a firearms prohibition order made against him in 1986. As a preliminary issue he has sought leave to bring that application out of time. The Commissioner of Police ("the Respondent" or "the Commissioner") has opposed the application. 2. The preliminary matter came before me for hearing on 7 November 2018. On that occasion I agreed that the matter should proceed in the Tribunal in the absence of an internal review and I made orders extending the time for filing of the application to 9 July 2018 – the date on which the application was filed. 3. The Respondent has requested written reasons for that decision. These reasons are provided in response to that request.