Antonios v Commissioner of Police

[2021] NSWCATAD 20

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Antonios v Commissioner of Police [2021] NSWCATAD 20

Hearing dates:

6 November 2020

Date of orders:

2 February 2021

Decision date:

02 February 2021

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

S Montgomery, Senior Member

Decision:

The decision under review is affirmed.

Catchwords:

ADMINISTRATIVE LAW –firearms licensing -- public interest

Legislation Cited:

Civil and Administrative Tribunal Act 2013

Administrative Decisions Review Act 1997

Firearms Act 1996

Cases Cited:

Comalco Aluminium (Bell Bay) Ltd v O'Connor and Ors (1995) 131 ALR 657

Commissioner of Police v Toleafoa [1999] NSWADTAP 9

Constantin v Commissioner of Police, NSW Police Force [2013] NSWADTAP 16

Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50

Director of Public Prosecutions v Smith [1991] VicRp 6; (1991) 1 VR 63

Keegan Jacques v Commissioner of Police [2017] NSWCATAD 145

Lee v Commissioner of Police, NSW Police Force [2020] NSWCATAD 144

Martin v Commissioner of Police, NSW Police Force [2010] NSWADT 276

Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28

Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110

Category:

Principal judgment

Parties:

Tony Antonios (Applicant)
Commissioner of Police (Respondent)

Representation:

Solicitors:
Yazbeck Law (Applicant)
Lindsay Taylor Lawyers (Respondent)

File Number(s):

2020/00220172

Publication restriction:

None

Reasons for Decision

Introduction

1. This is an application for review of a decision by a delegate of the Commissioner of Police (“the Commissioner”) to revoke the category ABH firearms licence held by Tony Antonios (“the Applicant”) under the Firearms Act 1996 (“the Act”). That decision was affirmed on internal review.

Background

2. The Applicant was issued a Category AB firearms licence in September 2015 and a Category H firearms licence in October 2016. The Category AB firearms licence was issued for the genuine reasons of Sport/Target Shooting and Recreational Hunting/Vermin Control. The Category H firearms licence was issued for the genuine reasons of genuine reason of Sport/Target Shooting. The Applicant's licence was due to expire on 22 October 2020.

3. The licence was suspended in May 2019 as a result of an assault charge and related Apprehended Violence Order (“AVO”).

4. The Applicant defended the charge and the AVO successfully and both were dismissed.

5. In July 2020 the Commissioner’s delegate decided to revoke the Applicant's licence. The Applicant sought an internal review which was unsuccessful.

6. The reasons provided in relation to the internal review decision identified a number of issues as relevant to the decision. Those included the allegation that the Applicant is not a NSW Resident; the Applicant’s history of contraventions of legislation; and the public interest. The internal reviewer outlined a long history of incidents which had been brought to the attention of the police and also noted:

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