Warner v Commissioner of Police, NSW Police Force [2019] NSWCATAD 146

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Warner v Commissioner of Police, NSW Police Force [2019] NSWCATAD 146 Hearing dates: 26 March 2019; 27 March 2019 Date of orders: 26 July 2019 Decision date: 26 July 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The decision under review is affirmed. Catchwords: Administrative Law – licensing – firearms – revocation of licence – fit and proper person – public interest. Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Firearms Act 1996 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Comalco Aluminium (Bell Bay) Ltd v O'Connor and Ors (1995) 131 ALR Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Director of Public Prosecutions v Smith (1991) 1 VR 63 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409. Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR 127 Kocic v Commissioner of Police NSW Police Force [2014] NSWCA 368 McDonald v Director-General of Social Security (1984) 1 FCR 354 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Texts Cited: Nil Category: Principal judgment Parties: Barry James Warner (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: W Wilcher (Applicant) Z Heger (Respondent)