Daher v Commissioner of Police

[2020] NSWCATAD 289

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Daher v Commissioner of Police [2020] NSWCATAD 289

Hearing dates:

13 November 2020

Date of orders:

26 November 2020

Decision date:

26 November 2020

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

Naida Isenberg, Senior Member

Decision:

The Respondent’s decision is set aside and the Tribunal substitutes a new decision to grant a category ABH firearms licence to the Applicant, for the genuine purpose of ‘sport/target shooting’ subject to production, to the Respondent, of evidence of his membership of an approved shooting club.

Catchwords:

ADMINISTRATIVE LAW – firearms licensing - fit and proper person – dismissed charges and apprehended violence order – compliance with statutory participation requirements – poor driving history - public interest

Legislation Cited:

Firearms Act 1996 (NSW)

Cases Cited:

AML v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5

CIC Insurance Limited v Bankstown Football Club (1997) 187 CLR 384

Commissioner of Police v Toleafoa [1999] NSWADTAP 9

Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16

Keegan Jacques v Commissioner of Police [2017] NSWCATAD 145

Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97

McDonald v Director General of Social Security (1984) 1FCR 353 at 357

Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355

Tannous v Commissioner of Police [2011] NSWADT 116

Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28

Texts Cited:

nil

Category:

Principal judgment

Parties:

Charbel Daher (Applicant)
Commissioner of Police (Respondent)

Representation:

Solicitors:
Clowry & Associates (Applicant)
Office of the General Counsel, NSW Police Force (Respondent)

File Number(s):

2020/00204199

Publication restriction:

nil

REASONS FOR DECISION

1. The Applicant, Charbel Daher, held a Category AB licence under the Firearms Act 1996 (the Act) from 2013 for the genuine reasons of ‘Sport/Target Shooting’ and ‘Recreational Hunting/Vermin Control’, and a Category H licence from 2016 for the genuine reason of 'Sport/Target Shooting'. The Applicant’s firearms licence was suspended on 17 April 2018 after he was charged with common assault and was subject to an interim Apprehended Violence Order (AVO). The charge and the AVO were ultimately dismissed, but by that time, the Applicant’s firearms licence had expired.

2. On 3 March 2019 the Applicant applied for a Category ABH firearms licence, for the genuine reason of ‘Sport/Target Shooting’ but his application was refused. The decision was affirmed on internal review and the Applicant now seeks review by this Tribunal.

Legislation and relevant authorities

3. The general principles of the Act are set out in s.3 of the Act:

3 Principles and objects of Act

1. The underlying principles of this Act are:

   (a)    to confirm firearm possession and use as being a privilege that is conditional on the overriding need to ensure public safety, and

   (b)    to improve public safety:

   (i)    by imposing strict controls on the possession and use of firearms, and

   (ii)    by promoting the safe and responsible storage and use of firearms, and

   (c)    to facilitate a national…