Fyffe v State of Victoria

Fyffe sought leave to appeal against a decision of the Victorian Civil and Administrative Tribunal (VCAT) which had dismissed his application for review of a decision made by the State of Victoria. The dispute concerned the State's refusal to grant Fyffe a licence to carry firearms.

The primary legal issue before Gummow J was whether VCAT had erred in law in its determination that it lacked jurisdiction to entertain Fyffe's application for review. Specifically, the question was whether the *Administrative Appeals Tribunal Act 1975* (Cth) conferred jurisdiction on VCAT to review the decision of the State of Victoria to refuse a firearms licence.

Gummow J reasoned that VCAT's jurisdiction is derived from Victorian legislation, not Commonwealth legislation. The *Administrative Appeals Tribunal Act 1975* (Cth) establishes the Commonwealth Administrative Appeals Tribunal and does not extend the jurisdiction of VCAT, which is a state tribunal. Therefore, VCAT could not exercise jurisdiction conferred by a Commonwealth Act. The refusal of the firearms licence was a matter governed by Victorian law, and any review of that decision would fall within the purview of a Victorian administrative tribunal, not the Commonwealth AAT or a state tribunal purporting to exercise federal jurisdiction.

Leave to appeal was refused.