Gad v Commissioner of Police, NSW Police Force

The case before the court involved the applicant, Gad, who had applied for the renewal of his firearms licence but had his application refused by the respondent, the Commissioner of Police, NSW Police Force. Gad sought judicial review of the decision, arguing that his application for an internal review within the force was not dealt with in a timely manner, thereby extending the time in which he could lodge an application with the Administrative Decisions Tribunal (ADT). The court was required to determine whether the time for Gad to apply to the Tribunal should be extended, and if so, by what period.

The legal issue before the court was whether the delay in the internal review process was sufficient to warrant an extension of the time for Gad to apply to the ADT. The court considered the principles of procedural fairness and the impact of the delay on Gad’s ability to challenge the decision within the prescribed time frame. The court also examined the relevant legislative provisions and case law concerning extensions of time in administrative law contexts.

In its judgment, the court found that the delay in the internal review process was significant enough to justify an extension of the time for Gad to apply to the ADT. The court considered that the delay had deprived Gad of an opportunity to challenge the decision within the required time frame and that an extension was necessary to ensure that he had a fair opportunity to seek review of the decision. The court extended the time for Gad to lodge an application with the ADT to 23 February 2022 and listed the matter for directions on 9 August 2022.