Jamieson v Commissioner of Police, NSW Police

The case of Jamieson v Commissioner of Police, NSW Police was heard by the Supreme Court of New South Wales. The plaintiff, Jamieson, sought to challenge the decisions of the Commissioner of Police in relation to firearm permits under the Firearms Act 1996 (NSW). The dispute centred around the interpretation and application of section 28(g) of the Act, which grants the Commissioner the power to issue firearm permits in certain circumstances.

The primary legal issues before the court were the interpretation of section 28(g) and the validity of a guideline issued by the Commissioner. Specifically, the court had to determine whether the Commissioner had the authority to issue a permit where a firearm licence could not be granted, and whether a particular guideline imposed an improper restraint on the Commissioner’s discretion. The court was also required to consider the legality of the guideline itself, which was set out in a letter dated 27 August 2003.

The court held that the Commissioner had the power to grant a permit under section 28(g) even when a licence could not be issued, thus broadening the scope of the Commissioner’s discretion. Furthermore, the guideline in question was deemed invalid as it constituted an unwarranted limitation on the Commissioner’s statutory discretion. The guideline was considered a fetter because it effectively restricted the Commissioner’s ability to exercise the discretion conferred by the Act. Consequently, the court ruled that the guideline was of no effect.

The court ordered that the preliminary questions be determined in favour of the plaintiff and further directed that the matter be re-listed for further directions by the Registry, to be scheduled at a mutually convenient time for both parties.