Calman v Commissioner of Pollice

In *Calman v Commissioner of Police*, the applicant, Calman, sought judicial review of a decision by the Commissioner of Police to refuse his application for a firearms licence. The matter came before Gaudron and McHugh JJ of the High Court of Australia.

The central legal issue before the Court was whether the Commissioner's refusal to grant Calman a firearms licence was vitiated by a failure to afford him natural justice. Specifically, the Court considered whether Calman had been given adequate notice of the reasons for the proposed refusal and a sufficient opportunity to respond to those reasons before the decision was made.

Gaudron and McHugh JJ held that the Commissioner's decision was invalid due to a breach of the rules of natural justice. Their Honours reasoned that the Commissioner had relied on adverse information concerning Calman's character, which had not been disclosed to him, to refuse the licence. This failure to disclose the adverse material and provide Calman with an opportunity to address it meant that he was denied a fair hearing. The Court applied the well-established principles of natural justice, namely the right to be heard and the rule against bias, finding that the former had been breached.

The Court made orders quashing the Commissioner's decision to refuse the firearms licence and remitted the matter to the Commissioner for reconsideration according to law.