Bennett v Commissioner of Police, NSW Police

Bennett v Commissioner of Police, NSW Police is a case where the applicant, Mr Bennett, sought a permit to possess and use a Category H firearm, which was refused by the Commissioner. Mr Bennett sought judicial review of the Commissioner’s decision in the Land and Environment Court of New South Wales. The primary legal issue before the court was whether the Commissioner’s refusal of Mr Bennett’s application for a permit to possess and use a Category H firearm was legally sound and whether the court should set aside the Commissioner’s decision and remit the matter for reconsideration.

The court found that the Commissioner’s decision was not sound because he failed to give proper consideration to the Tribunal’s recommendation that Mr Bennett be issued with a permit. The court held that the Commissioner had an obligation to consider the Tribunal’s recommendation and to provide reasons for any departure from it. The court also found that the Commissioner had not considered all relevant matters, including the need for Mr Bennett to use a Category H firearm to destroy distressed or feral and wild animals, and ill and dying livestock in situations where the use of a long-arm was not practicable due to the inaccessible terrain of his property.

The court set aside the Commissioner’s decision and remitted the matter to the Commissioner for reconsideration in accordance with the court’s directions. The court directed the Commissioner to give effect to the Tribunal’s view that it was appropriate that Mr Bennett be issued with a permit and to consider the appropriateness of imposing a condition on the permit that limits Mr Bennett’s use of a Category H firearm to the situations identified by the court. The court's orders included setting aside the Commissioner's decision and remitting Mr Bennett's application for reconsideration, with specific directions for the Commissioner to follow in making a new decision.