Fuimaono v Queensland Police Service Weapons Licensing

[2023] QCAT 415

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Fuimaono v Queensland Police Service – Weapons Licensing [2023] QCAT 415

PARTIES:

HENNA FUIMAONO

(applicant)

V

QUEENSLAND POLICE SERVICE – WEAPONS LICENSING

(respondent)

APPLICATION NO/S:

GAR259-23

MATTER TYPE:

General administrative review matters

DELIVERED ON:

2 November 2023

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Cranwell

ORDERS:

1.   The application for review is dismissed.

CATCHWORDS:

FIRE, EXPLOSIVES AND FIREARMS – FIREARMS – LICENSING AND REGISTRATION – APPLICATION FOR LICENCE OR PERMIT – OTHER MATTERS – where applicant sought review of suspension of firearms licence – where firearms licence subsequently revoked – whether application for review lacking in substance

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 47

REPRESENTATION & APPEARANCES: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

1. On 30 January 2023, the Queensland Police Service – Weapons Licensing (‘QPS’) decided to suspend Mr Fuimaono’s firearms licence.

2. On 4 April 2023, Mr Fuimaono filed an application with the Tribunal to review the suspension decision.

3. On 11 May 2023, the QPS decided to revoke Mr Fuimaono’s firearms licence.

4. On 21 September 2023, the QPS filed an application to strike out Mr Fuimaono’s application for review. 

5. On 19 October 2023, Mr Fuimaono lodged submissions opposing his application being struck out.

6. As Mr Fuimaono’s firearms licence has subsequently been revoked, the application for review of the suspension decision is lacking in substance for the purposes of section 47(1)(b) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld). Even if Mr Fuimaono was successful in having the suspension overturned, his firearms licence would not be returned to him due to the subsequent revocation.

7. Accordingly, the application for review will be dismissed.