Fielden & Fielden v Commissioner of Police, NSW Police Service

In the case of Fielden & Fielden v Commissioner of Police, NSW Police Service, the applicants, Jean and Eris Fielden, challenged the decision by the Commissioner of Police to revoke their firearms licences under the Firearms Act 1996. The decision was made following a police investigation into their conduct, which included allegations of illegal firearm activities. The case was heard and determined by the Administrative Decisions Tribunal of New South Wales.

The primary legal issue before the Tribunal was whether the Commissioner's decision to revoke the applicants' firearms licences was lawful and justified under the provisions of the Firearms Act 1996. Specifically, the Tribunal examined whether the Commissioner had sufficient grounds to believe that the applicants were not fit and proper persons to hold a firearms licence, as required by the legislation. The applicants argued that the decision was based on insufficient evidence and was therefore unreasonable.

The Tribunal concluded that the Commissioner's decision was both lawful and reasonable. The evidence presented to the Tribunal demonstrated that the applicants had engaged in activities that indicated a lack of fitness to hold a firearms licence. The Tribunal found that the Commissioner had acted within his powers and that the revocation decisions were proportionate and appropriate under the circumstances. The applicants' contentions that the evidence was insufficient or unreliable were rejected, and the Tribunal affirmed the Commissioner's decisions to revoke the licences.

The final orders of the Tribunal were to affirm the revocation decisions of the Commissioner of Police. Both Jean Fielden's and Eris Fielden's firearms licences were confirmed to be lawfully revoked under the Firearms Act 1996. The applicants' challenge to the Commissioner's decisions was dismissed.