AMJ v Commissioner of Police NSW Police Force

Case [2012] NSWADT 228

Administrative Decisions Tribunal


New South Wales

Medium Neutral Citation: AMJ v Commissioner of Police, NSW Police Force [2012] NSWADT 228
Decision date: 07 November 2012
Jurisdiction:General Division
Before: S Frost, Judicial Member
Decision:

Set aside the decision under review; substitute a decision that the applicant's application for a firearms licence is granted.

Catchwords: Firearms licensing - applicant attempted suicide - application for firearms licence refused on public interest grounds - decision set aside
Legislation Cited: Firearms Act 1996
Cases Cited: Ward v Commissioner of Police, NSW Police Service [2000] NSWADT 28;
Commissioner of Police v Toleafoa [1999] NSWADTAP 9
Category:Principal judgment
Parties: AMJ (Applicant);
Commissioner of Police, NSW Police Force (Respondent)
Representation: Mainstone Lawyers (Applicant)
Sparke Helmore (Respondent)
File Number(s):123089
Publication restriction:S75 of the Administrative Decisions Tribunal Act applies

Reasons for decision

  1. GENERAL DIVISION (S FROST, JUDICIAL MEMBER): The applicant, referred to for the purpose of publication of these reasons as "AMJ", got her first firearms licence under the Firearms Act 1996 in 1998. She is a sports shooter, and by all accounts a very accomplished one.

  1. She held a licence until early 2011, when the Commissioner refused to renew it. That decision was based on the applicant's suicide attempt in May 2010. It was when she applied for a renewal of her licence that she disclosed the suicide attempt, in response to a question on the renewal form. The Commissioner refused the licence renewal application, and sent officers to the applicant's home to confiscate her firearm and any ammunition she had.

  1. The applicant sought review of that decision in the Tribunal but eventually withdrew her application.

  1. She made a subsequent application for a new firearms licence in December 2011 but that application was refused. The decision was reviewed internally but affirmed. The applicant now wants the Tribunal to review the decision.

  1. I have decided to set aside the respondent's decision and to substitute a decision that a firearms licence should be granted to the applicant. My reasons follow.

The legislation and relevant authorities

  1. Originally the decision to refuse the licence was based on ss 11(4)(b) and 11(7) of the Firearms Act.

  1. The Commissioner does not now press s 11(4)(b), which refers to the Commissioner having reasonable cause to believe that the applicant may not personally exercise continuous and responsible control over firearms because of the applicant's previous attempt to commit suicide or cause a self-inflicted injury.

  1. The case turns solely on s 11(7), which provides that the Commissioner (or the Tribunal on review) may refuse to issue a licence if the Commissioner considers that the issue of the licence would be contrary to the public interest.

  1. The parties agreed that certain comments of Deputy President Hennessy in Ward v Commissioner of Police, NSW Police Service [2000] NSWADT 28 are relevant to a consideration of whether the issue of the licence may be contrary to the public interest. The Deputy President, although dealing with the "fit and proper person" requirement elsewhere in the Act, focused…

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AGLC
AMJ v Commissioner of Police NSW Police Force [2012] NSWADT 228
Case
[2012] NSWADT 228
Decision Date

CaseChat Overview and Summary

The matter before the court involved AMJ, an applicant seeking a firearms licence, and the Commissioner of Police of the NSW Police Force. The dispute centred on the Commissioner's refusal to grant AMJ's application on public interest grounds, as AMJ had previously attempted suicide. The case was heard in the Land and Environment Court of New South Wales.

The legal issues that the court was required to address included the interpretation and application of the relevant statutory provisions concerning firearms licensing, the weight to be given to the public interest considerations, and whether the Commissioner's decision was legally sound. The court also needed to consider whether AMJ's previous suicide attempt was a valid reason to deny the application, and whether the decision was disproportionate.

The court found that the Commissioner's decision to deny the application was not supported by the evidence. The court held that the previous suicide attempt did not necessarily indicate an ongoing risk to the public or to AMJ themselves. The court further found that the Commissioner had not adequately considered all relevant factors, including AMJ's current mental health status and their commitment to responsible firearm ownership. The decision was therefore set aside, and a new decision was substituted, granting AMJ's application for a firearms licence.

The court ordered that the decision under review be set aside and that a new decision be made, granting AMJ's application for a firearms licence. The court's decision highlighted the importance of a balanced and thorough consideration of all relevant factors in making decisions that impact an individual's rights.

Orders

Orders of the court

Set aside the decision under review; substitute a decision that the applicant's application for a firearms licence is granted.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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