DWK v Commissioner of Police, NSW Police Force [2019] NSWCATAD 135

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DWK v Commissioner of Police, NSW Police Force [2019] NSWCATAD 135 Hearing dates: On the papers Date of orders: 10 July 2019 Decision date: 10 July 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: (1) Order under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 prohibiting disclosure of the applicant's name or of any material that may lead to his identification (2) The application is dismissed for want of jurisdiction. Catchwords: Administrative Review – firearms – minor subject to firearms prohibition order – no jurisdiction to hear application for administrative review as applicant a disqualified person – no right of external review under s 75(1A) of Firearms Act. Legislation Cited: Acts Interpretation Act 1901 (Commonwealth) Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Al-Kateb v Godwin [2004] HCA 37; 219 CLR 562; 208 ALR 124; 78 ALJR 1099 Bahsa v Commissioner of Police, NSW Police Force [2019] NSWCATAD 17 Chu Kheng Lim v Minister for Immigration and Ethnic Affairs v Teoh (1995 183 CLR 273 CIC Insurance Ltd v Bankstown Football Club Ltd [1997] HCA 2 Cole v Director General Department of Youth and Community Services (1986) 7 NSWLR 541 SZTAL v Minister for Immigration and Broder Protection (2017) 91 ALR 393 Texts Cited: Pearce and Geddes, Statutory Interpretation in Australia, 7th ed [2011] Category: Procedural and other rulings Parties: DWK (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Legal Aid Commission NSW (Applicant) Crown Solicitor (Respondent) File Number(s): 2018/00379957 Publication restriction: Pursuant to 64(1)(a) of the Civil and Administrative Tribunal Act the Tribunal prohibits the disclosure of the applicant's name or of any material that may lead to his identification