Chief Commissioner of Police v Colin Websdale

The Chief Commissioner of Police sought to overturn a decision of the Victorian Civil and Administrative Tribunal (VCAT) which had set aside a firearm prohibition order made against Colin Websdale. The dispute centred on whether the Chief Commissioner had the authority to issue a prohibition order under the Firearms Act 1996, and whether such an order was justified in the public interest. The Tribunal had determined that the order should be set aside, finding that the public interest was not sufficiently engaged by the respondent’s criminal history or by his associations. The case came before the Supreme Court of Victoria to determine whether the Tribunal had erred in its assessment of the risk to public safety or in the manner in which it exercised its review jurisdiction.

The primary legal issues were whether the Tribunal correctly applied the criteria for making a firearm prohibition order and whether it properly assessed the risk to public safety posed by the respondent. The court had to consider the extent to which the Tribunal’s decision was informed by an appropriate risk assessment and whether it was open to the Tribunal to set aside the order. The court also needed to determine if the Tribunal had properly exercised its jurisdiction under the Victorian Civil and Administrative Tribunal Act 1998.

The Supreme Court found that the Tribunal had misdirected itself by failing to conduct a proper risk assessment of the risk posed by the respondent and his associates. The court held that the Tribunal had not adequately considered the public interest in reducing the risk of firearm-related violence, particularly in light of the respondent’s association with the Rebels motorcycle gang. The court concluded that the Tribunal’s decision was flawed because it did not properly weigh the risk to public safety posed by the respondent and his associates. The appeal was allowed, and the Tribunal’s decision was set aside, restoring the prohibition order. The court emphasised that the public interest in preventing firearm-related violence was a significant factor that the Tribunal had failed to adequately consider.

The final orders of the court were that the appeal be allowed, the decision of the Tribunal set aside, and the prohibition order restored. The Chief Commissioner was granted leave to appeal to the Court of Appeal, and the case proceeded to the next level of judicial review.