DZV v Commissioner of Police, NSW Police Force [2020] NSWCATAD 54

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DZV v Commissioner of Police, NSW Police Force [2020] NSWCATAD 54 Hearing dates: 9 September 2019 Date of orders: 14 February 2020 Decision date: 14 February 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: 1. The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW – administrative review – revocation of firearms licence – failure to ensure safekeeping of firearms – relevance of past conduct of applicant's husband – whether condition should be imposed on licence – whether not in the public interest for applicant to hold a licence Legislation Cited: Administrative Decisions Review Act 1997 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: AML v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5 Brosowski v Commissioner of Police [2003] NSWADT 182 Comalco Aluminium (Bell Bay) Ltd v O'Connor and Others (1995) ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Cook v Commissioner of Police [2003] NSWADT 30 Cusumano v Commissioner of Police [2001] NSWADT 50 Kavalieratos v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 117 Kopco v Commissioner of Police, New South Wales Police Force [2018] NSWCATAD 124 Laing v Commissioner of Police, NSW Police Force [2017] NSWCATAD 315 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Masterson v Commissioner of Police, New South Wales [2017] NSWCATAP 206 Tolley v Commissioner of Police [2006] NSWADT 149 Ward v Commissioner of Police [2000] NSWADT 28 Wiltshire v Commissioner of Police [2005] NSWADT 75 Category: Principal judgment Parties: DZV (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Applicant in person R Coffey, (Counsel for the Respondent) Office of General Council, NSW Police Force,(Respondent) File Number(s): 2019/00079425 Publication restriction: Section 64 of the Civil and Administrative Tribunal Act 2013 applies to the material filed by the respondents on a confidential basis, to those paragraphs of these reasons identified as [Not for publication], to the evidence given in private before the Tribunal and to the record of that part of the proceedings conducted in private pursuant to s 49. That material is not to be released to either the applicant or to the public. Also pursuant to s 64 any information which could disclose the identity of the applicant is not to be released to the public.