CXJ v Commissioner of Police

[2017] NSWCATAD 39

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	CXJ v Commissioner of Police [2017] NSWCATAD 39
Hearing dates:	15 August 2016
Date of orders:	25 January 2017
Decision date:	25 January 2017
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	A Scahill, Senior Member
Decision:	The Respondent’s decision is affirmed
Catchwords:	Not in the public interest
Legislation Cited:	Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Evidence Act 1995 Firearms Act 1996
Cases Cited:	Aubrey v The Commissioner of Police [2005] NSWADT 266 Bazouni and Others v Commissioner of Police NSWADT 100 at [21] Briginshaw v Briginshaw (1938) 60 CLR 360 Comalco Aluminium (Bell Bay) Ltd v O'Connor and Others (1995) 131 ALR 657 Cusumano v. Commissioner of Police, New South Wales Police Service [2001] NSWADT 50 Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60, 77 Ex parte Tziniolis ; Re The Medical Practitioners Act (1966) 67 SR(NSW) 448 Hardy v Commissioner of Police [2006] NSW ADT 167 Lee v Health Care Complaints Commission [2012] NSWCA 80 McDonald v Director-General of Social Security [1984] FCA 57; (1984) 1 FCR 358, 357 Sobey v Commercial Agents Board [1979] 22 SASR 70 Tannous v Commissioner of Police [2011] NSWADT 116
Category:	Principal judgment
Parties:	CXJ (Applicant) Commissioner of Police (Respondent)
Representation:	Solicitors: Robertson Saxton Primrose Dunn (Applicant) Bartier Perry (Respondent)
File Number(s):	1510456
Publication restriction:	Orders made prohibiting publication of names, other than as initials, pursuant to section 64 of the Civil and Administrative Tribunal Act 2013

Reasons for decision

Background

1. On 4 December 2014 CXJ lodged an application for a Category AB firearms licence with the Respondent. The Respondent refused the application on 25 March 2015. CXJ applied for an internal review of the decision and on 6 July 2015 the Commissioner's decision to refuse his application was affirmed. On 3 August 2015 CXJ lodged his application for administrative review at NCAT.

2. The Commissioner had refused CXJ’s application for a firearms licence pursuant to section 11 (7) of the Firearms Act 1996. The Commissioner considered that it was not in the public interest for CXJ to be issued with a firearms licence.

3. The refusal is the decision under review by the Tribunal.

The Respondent’s reasons for decision on Internal Review

4. The Tribunal summarises the Respondent’s Internal Review reasons as follows.

5. Under the previous name of GLM, CXJ has the following recorded criminal history:

• 19/09/1989 Stealing S496 - fine $200

• 24/05/1991 Enter land with intent (1st instance warrant) - Self Recognizance $100 Good Behaviour 12 months

• Possession of Housebreaking Implement (1st instance warrant) - 50 hours Community Service Order

• 9/04/1992 Possess prohibited drug - fined $300

• Self admin prohibited drug- fined $100

• Cancelled driver - fined $300 and disqualified six months

• 25/06/1992 Cancelled driver - fined $400 and disqualified six months

• 28/10/1994 BE&S - Periodic detention 2 years 6 months - all grounds appeal Lodged. Appeal dismissed 07/11/1995 whole of time served to count.

• 26/08/1996 Breach of detention/parole order -parole authority warrant…