Farah v Commissioner of Police, New South Wales Police Force

The applicant, Mr Anthony Robert Farah, sought review of the Commissioner of Police's decision to revoke his firearms licence under the Firearms Act 1996. The Commissioner had revoked the licence on the basis of two interim Apprehended Domestic Violence Orders (ADVOs) and charges including common assault, stalking/intimidation, possessing an unregistered firearm, not keeping a firearm safely and not having approved storage. The tribunal was required to determine whether the applicant was still a fit and proper person to hold a licence and whether it was in the public interest for him to continue to hold a licence.

The court considered the documentary evidence and cross-examination of the applicant. The applicant had two historical convictions: one for stealing in 1993 and one for common assault in 1998. The tribunal gave weight to the applicant's candour in disclosing his past conduct and his remorse for his past actions. The court held that the applicant was still a fit and proper person to hold a firearms licence and that it was in the public interest for him to continue to hold a licence. The tribunal set aside the revocation decision and ordered that a category AB firearms licence be issued to the applicant.

The final orders of the tribunal were that the decision to revoke the applicant's firearms licence be set aside and that a category AB firearms licence be issued to the applicant. The tribunal found that the applicant was still a fit and proper person to hold a licence and that it was in the public interest for him to continue to hold a licence.