DWH v Commissioner of Police, NSW Police Force [2019] NSWCATAD 125

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DWH v Commissioner of Police, NSW Police Force [2019] NSWCATAD 125 Hearing dates: 29 April 2019 Date of orders: 21 June 2019 Decision date: 21 June 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: N S Isenberg RFD, Senior Member Decision: (1) The Commissioner's decision under review is set aside.

(2) I direct that if, after the publication of this decision, DWH applies for a licence under the provisions of the Firearms Act 1996, the Commissioner shall have regard to this decision.

(3) No application for costs having been made, having regard to s 60 of the CAT Act, each party is to pay their own costs of the proceedings. Catchwords: MERITS REVIEW – revocation of firearm licence - public interest - fit and proper person – attempt to commit suicide - mental health issues - psychiatric and psychological evidence.

CONFIDENTIALITY - marital dispute - nature of allegations by and against the Applicant – young children – interests of unrepresented persons. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) Cases Cited: AML v Commissioner of Police, NSW Police Force [2013] NSWADT 5 Aubrey v Commissioner of Police [2005] NSWADT 266 Australian Broadcasting Tribunal v Bond (1990) 94 ALR 11 Bungree Aboriginal Association Limited v NSW Registrar of Community Housing [2019] NSWCATAD 61 Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police [2013] NSWADTAP 16 Fulton v Commissioner of Police, NSW Police Force [2015] NSWCATAD 150 Hughes and Vale Pty Ltd v State of New South Wales (1955) 93 CLR 127 Rapisarda v Commissioner of Police, NSW Police Force; Housego v Commissioner of Police, NSW Police Force; Sheehy v Commissioner of Police, NSW Police Force; McDonald v Commissioner of Police, NSW Police Force [2018] NSWCATAD 34 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Wilkinson v Commissioner for Police [2002] NSWADT 59 Texts Cited: Nil Category: Principal judgment Parties: DWH (Applicant) Commissioner of Police, New South Wales Police Force (Respondent) Representation: Counsel: A Douglas-Baker (Respondent)