DMC v Commissioner of Police, NSW Police Force

[2018] NSWCATAD 219

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	DMC v Commissioner of Police, NSW Police Force [2018] NSWCATAD 219
Hearing dates:	6 June 2018
Date of orders:	18 September 2018
Decision date:	18 September 2018
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	S Montgomery, Senior Member
Decision:	The decision by the Commissioner of Police to revoke DMC’s category ABC firearms licence is affirmed.
Catchwords:	Administrative Law – Firearms Act - firearms licence - revocation of licence - contrary to the public interest
Legislation Cited:	Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulation 2017
Cases Cited:	Blissett v Commissioner of Police, New South Wales Police; Webb Protection Australia Pty Ltd v Commissioner of Police, New South Wales Police [2006] NSWADT 114 Comalco Aluminium (Bell Bay) Ltd v O'Connor and Others (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, NSW Police Force (GD) [2013] NSWADTAP 16 Director of Public Prosecutions v Smith [1991] VicRp 6; (1991) 1 VR 63 O'Sullivan v Farrer [1989] HCA 61; (1989) 168 CLR 210 Re Queensland Electricity Commission and Ors; Ex parte Electrical Trades Union of Australia (1987) 72 ALR 1
Category:	Principal judgment
Parties:	DMC (Applicant) Commissioner of Police, NSW Police Force (Respondent)
Representation:	Solicitors: Borthwick and Butler, Solicitors (Applicant) Lindsay Taylor Lawyers (Respondent)
File Number(s):	2017/00378315
Publication restriction:	The publication of the name of the applicant, his ex-wife or his children is prohibited under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013

Reasons for Decision

Introduction

1. In these reasons the name of the Applicant has been anonymised so as to preserve the privacy of his personal affairs and the personal affairs of other individuals. The Applicant is referred to as DMC. In these reasons I refer to DMC’s ex-wife and two daughters. I will refer to DMC’s ex-wife as X and his daughters as Y and Z.

2. DMC held a category ABC firearms licence under the Firearms Act 1996 (“the Act”). In August 2017 a delegate of the Commissioner of Police (“the Commissioner”) determined to revoke DMC’s licence. That decision was affirmed on internal review.

3. This is an application for review of the determination to revoke DMC’s firearms licence.

Background

4. The relevant background is set out in the internal review statement of reasons. I understand that these points are not in dispute:

1. DMC has been authorised for firearms in NSW under past and current legislation since at least 31 December 1990;

2. DMC’s Category ABC firearms licence was first issued on 3 August 1998 for the genuine reason of Primary Production;

3. In April 2004 police inspected DMC’s firearms safe and found an additional locking point was required on the main door;

4. In 2010 DMC was charged in relation to allowing his nephew, who held no firearms licence, to access an air rifle registered to DMC. DMC’s licence was suspended and all his registered firearms were seized;

5. In August 2010 DMC were found guilty…