Hariri v Commissioner of Police

The matter of Hariri v Commissioner of Police was heard by the Administrative Appeals Tribunal (AAT), involving the applicant, Mr Hariri, and the respondent, the Commissioner of Police. Mr Hariri, a licensed firearms holder, sought to challenge the decision by the Commissioner to revoke his firearms licence. The revocation was based on a combination of factors, including the withdrawal of a provisional domestic violence order and alleged non-compliance with the licence participation requirements, specifically in relation to the safe storage of firearms.

The primary legal issues before the AAT were whether the Commissioner's decision to revoke Mr Hariri's firearms licence was lawful, whether the withdrawal of a provisional domestic violence order justified the revocation, and whether the alleged non-compliance with licence participation requirements, specifically in relation to the safe storage of firearms, provided a valid basis for revocation. Additionally, the court considered the public interest factors pertinent to the revocation decision.

The AAT found that the Commissioner's decision was well-founded. The tribunal held that the withdrawal of the provisional domestic violence order, coupled with the evidence of non-compliance with the safe storage requirements, provided sufficient grounds for revocation. The tribunal further considered that the revocation aligned with the public interest, given the potential risks associated with firearms in the hands of individuals who do not comply with licence conditions. The AAT concluded that the Commissioner's decision was not flawed and upheld the revocation of Mr Hariri's firearms licence.