EMB v Commissioner of Police

The case of EMB versus the Commissioner of Police involved the applicant seeking a category AB firearms licence for the genuine purpose of sport and target shooting. The Commissioner had refused the application, citing concerns about the applicant's fitness and propriety, based on a previous charge of assaulting a police officer, which was later dismissed at trial. The applicant sought review of the decision by the Firearms Licence Appeal Tribunal, which was eventually heard by the Federal Court of Australia. The key legal issue before the court was whether the dismissed charge of assault could still be considered in determining the applicant's fitness and propriety, particularly given the absence of any connection to firearms or any other relevant activities.

The court held that the dismissed charge could indeed be taken into account in the assessment of the applicant's fitness and propriety. It found that the fact that the charge was dismissed did not necessarily mean it could be ignored, as the decision-maker was entitled to consider all relevant circumstances, including the nature of the charge and the circumstances surrounding it. The court emphasised that the primary consideration was whether the applicant was a fit and proper person to hold a firearms licence, and this involved a holistic assessment of the applicant's character, history, and any relevant conduct. The dismissed charge, while not a conviction, still provided insight into the applicant's potential propensity for violence, which was a relevant factor in the assessment.

Ultimately, the court found that the decision-maker had erred in placing undue weight on the dismissed charge, particularly as it was unrelated to firearms or any relevant activity. The court also noted that the applicant had demonstrated a genuine purpose for the licence and had not engaged in any other conduct that would suggest unfitness or impropriety. As a result, the court set aside the Commissioner's decision and substituted a new decision in favour of the applicant, granting the firearms licence for the purpose of sport and target shooting. The court highlighted the importance of a balanced and reasoned approach to such assessments, taking into account all relevant factors while avoiding undue emphasis on a single event or circumstance.