Armstrong v Commissioner of Police, NSW Police Force [2019] NSWCATAD 167

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Armstrong v Commissioner of Police, NSW Police Force [2019] NSWCATAD 167 Hearing dates: 10 April 2019 Date of orders: 19 August 2019 Decision date: 19 August 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1. The decision of the Commissioner of Police, NSW Police Force to refuse to grant Robert John Armstrong a Category AB firearms licence and a permit to acquire a firearm is set aside.

2. The decision is made that Robert John Armstrong is granted a Category AB firearms licence and a permit to acquire a firearm subject to the conditions that, for a period of 12 months from the date of these orders, the Applicant is to:

(a) attend monthly consultation sessions with his psychiatrist; and (b) undertake regular drug testing.

3. The Applicant is to provide evidence of compliance with these conditions to the firearms registry on a monthly basis or as otherwise agreed between the parties.

4. If the parties are unable to reach agreement on the frequency of the drug testing that is need to comply with Order 2 within 30 days of this decision, the matter may be relisted to address that issue. Catchwords: ADMINISTRATIVE LAW – licensing – firearms – refusal of licence application – refusal of application for permit to acquire a firearm – fit and proper person – public interest. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Evidence Act 1995 Firearms Act 1996 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Bladen v NSW Commissioner of Police [2015] NSWCATAD 240 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 Gorgieski v Commissioner of Police, NSW Police [2006] NSWADT Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR Joseph v Commissioner of Police, NSW Police Force [2019] NSWCATAD 4. 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 Turley v Commissioner of Police NSW Police Force [2012] NSWADT 162 Category: Principal judgment Parties: Robert John Armstrong (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Armstrongs Solicitors (Applicant) Office of the General Counsel (Respondent) File Number(s): 2018/00281130 Publication restriction: Pursuant to section 64(1) of the Civil and Administrative Tribunal Act 2013, the content of the material that was lodged by the Respondent on a confidential basis is not to be disclosed without further order of the Tribunal. Those paragraphs of these reasons identified as "not for publication" are not to be released without further order of this Tribunal.