Applicant EMT v Queensland Police Service Weapons Licensing

[2023] QCAT 26

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Applicant EMT v Queensland Police Service – Weapons Licensing [2023] QCAT 26

PARTIES:

APPLICANT EMT
(applicant)

v

QUEENSLAND POLICE SERVICE – WEAPONS LICENSING

(respondent)

APPLICATION NO/S:

GAR441-22

MATTER TYPE:

General administrative review matters

DELIVERED ON:

16 January 2023

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Cranwell

ORDERS:

1.   The application for leave to be represented filed on 21 October 2022 is dismissed.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE OR TERRITORY COURTS – PARTIES AND REPRESENTATION – LEGAL REPRESENTATION – GENERALLY – where leave for legal representation sought – where application for leave opposed by other party –whether interests of justice require leave to be granted

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 21, s 43
Weapons Act 1990 (Qld), s 10B

APPEARANCES & REPRESENTATION:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

REASONS FOR DECISION

1. Applicant EMT filed an application to review a decision made by the Queensland Police Service – Weapons Licensing (‘QPS’) on 9 September 2022 to revoke his firearms licence.

2. Applicant EMT subsequently filed an application for leave to be represented by Wonderley and Hall Solicitors on 21 October 2022.  This application is opposed by the QPS.

   Leave to be represented

3. Section 43(1) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘the QCAT Act’) provides that parties in proceedings before the Tribunal are to represent themselves unless the interests of justice require otherwise.

4. In accordance with sections 43(1) and 43(2)(b)(iv), Applicant EMT requires the leave of the Tribunal to be legally represented.

5. The requirement for leave appears to relate only to appearances before the Tribunal, whether that be at a hearing, directions hearing or compulsory conference.  As I have observed elsewhere:[1]

   It is worth noting that even if leave is not given for a party to be represented at QCAT, they may still seek advice from a practitioner regarding their rights and obtain assistance with the drafting of any documents necessary for the proceeding.

   [1]Glen Cranwell, “Legal representation at QCAT”, QLS Proctor (Web Page, 27 October 2021) <>

   Section 43(3) of the QCAT Act relevantly provides as follows:

   (3)In deciding whether to give a party leave to be represented in a proceeding, the tribunal may consider the following as circumstances supporting the giving of the leave—

   (a)     the party is a Stage agency

   (b)     the proceeding is likely to involve complex questions of fact or law;

   (c)     another party to the proceeding is represented in the proceeding;

   (d)     all of the parties have agreed to the party being represented in the proceeding.

6. I will consider each of these factors in turn.

   “The party is a State agency”

7. Applicant EMT is not a Stage agency.

   “The proceeding is likely to involve complex questions of fact or law”

8. The basis upon which Applicant EMT’s firearms licence was cancelled is recorded in the decision under review as follows:

   I note that on the 18^th of July part (sic) you were charged with, and plead guilty to, Weapons Act Offence 1990 – Secure Storage of Weapons Licensee. No conviction was recorded for this offence, and you received a $350 fine.

   When determining if a person is a fit and proper person to retain a licence, in the public interest, an Authorised Officer must have regard to all information available.

   Taking into consideration the seriousness of the charge, and your proven disregard for firearms licensing legislation, I have determined that it is not in the public interest for you to continue to hold a firearms licence.

9. The material filed by the QPS pursuant to section 21(2) of the QCAT Act also include an application for a protection order lodged on 18 December 2021, which was subsequently withdrawn on 27 July 2022. Applicant EMT entered into an undertaking to be of good behaviour and to desist from any act of domestic violence towards the aggrieved for a period of 12 months.

10. Accordingly, the issue before the Tribunal is whether Applicant EMT is a “fit and proper person” for the purposes of section 10B of the Weapons Act 1990 (Qld). Applicant EMT’s firearms offence and domestic violence history will be relevant to a consideration of whether he is a fit and proper person to hold a firearms licence.

11. In my view, the questions of fact and law to be determined by the Tribunal, as set out above, are narrow in scope and could not be described as complex.

    “Another party to the proceeding is represented in the proceeding”

12. The QPS is not legally represented.  As noted in its submission:

    The respondent is a publicly funded body who are represented in QCAT by a Police Officer with no legal qualifications and no prosecutorial experience or training. 

    “All of the parties have agreed to the party being represented in the proceeding”

13. The QPS has not agreed to Applicant EMT being legally represented.

    Disposition

14. The Tribunal’s discretion when considering whether to grant leave for a party to be represented is exercised in the context of the requirements of the interests of justice as set out in section 43(1), as well as the additional factors set out in section 43(3).

15. I am not persuaded that it is in the interests of justice to grant leave for Applicant EMT to be legally represented.  The application for leave to be represented is dismissed.