Joiner v Commissioner of Police, NSW Police Force

Case [2022] NSWCATAD 340

Civil and Administrative Tribunal


New South Wales

Medium Neutral Citation: Joiner v Commissioner of Police, NSW Police Force [2022] NSWCATAD 340
Hearing dates: 12 October 2022
Date of orders: 25 October 2022
Decision date: 25 October 2022
Jurisdiction:Administrative and Equal Opportunity Division
Before: Naida Isenberg, Senior Member
Decision:

The decision under review is affirmed.

Catchwords:

LICENSING – firearms –fit and proper person – mental health issues over long period - public interest

Legislation Cited:

Administrative Decisions Review Act 1997

Civil and Administrative Tribunal Act 2013

Firearms Act 1996

Firearms Regulation 2017

Mental Health Act 2007

Cases Cited:

AML v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5

Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321
Barlow v Commissioner of Police, NSW Police Force [2003] NSWADT 254
Brosowski v Commissioner of Police, New South Wales Police Service [2003] NSWADT 182

Comalco Aluminium (Bell Bay) Ltd v O’Connor (1995) 131 ALR 657
Commissioner of Police v Toleafoa [1999] NSWADTAP 9
Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16

Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50

Lee v Commissioner of Police, NSW Police Force [2020] NSWCATAS 144
Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97
McDonald v Director General of Social Security (1984) 1FCR 353 at 357
Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10
Petas v Commissioner of Police, NSW Police Force [2013] NSWADT 137
Probst v Commissioner of Police [2022] NSWCATAD 245

Shi v Migration Agents Registration Authority [2008] HCA 31

Sobey v Commercial Agents Board (1979) 22 SASR 70

Stamatelatos v Commissioner of Police, NSW Police Force 

Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28

Category:Principal judgment
Parties: Rachel Joiner (Applicant)
Commissioner of Police, NSW Police Force (Respondent)
Representation: Solicitors:
GP Legal (Applicant)
Makinson & d'Apice Lawyers (Respondent)
File Number(s): 2022/00058278
Publication restriction: nil

REASONS FOR DECISION

  1. The Applicant, Rachel Joiner has held a firearms licence since about 2012. Her licence was re-issued on 10 January 2018, and it was due was to expire on 10 January 2023. On 4 August 2019 the Respondent suspended the Applicant’s licence and, on 9 October 2020 decided to revoke her licence. That decision was affirmed on internal review. The Applicant now seeks review by this Tribunal.

Relevant legislation

  1. The general principles of the Firearms Act 1996 (the Act) are set out in s 3 of the Act:

3 Principles and objects of Act

(1) …

(2) The objects of this Act are as follows:

…

(c) to require each person who possesses or uses a firearm under the authority of a licence to prove a genuine reason for possessing or using the firearm,

(d) to provide strict requirements that must be satisfied in relation to licensing of firearms and the acquisition and sales of firearms,

(e) to ensure that firearms are stored and conveyed in a safe and secure…

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Details
AGLC
Joiner v Commissioner of Police, NSW Police Force [2022] NSWCATAD 340
Case
[2022] NSWCATAD 340
Decision Date

CaseChat Overview and Summary

The case of Joiner v Commissioner of Police, NSW Police Force involved a dispute regarding the cancellation of the firearms licence held by the applicant, Mr Joiner. The matter was heard in the Land and Environment Court of New South Wales, which was called upon to review the decision made by the Commissioner of Police to revoke Mr Joiner's firearms licence due to concerns over his fitness to hold such a licence. These concerns stemmed from his mental health history and the potential risk he posed to the public.

The primary legal issue before the court was whether the Commissioner's decision to cancel Mr Joiner's firearms licence was lawful and in accordance with the relevant statutory provisions. This required the court to consider the statutory criteria for determining a person's fitness to hold a firearms licence, particularly the requirement that the person must be a "fit and proper" person to hold such a licence. Additionally, the court had to assess whether the Commissioner's decision was influenced by an improper consideration of irrelevant matters and whether the decision was disproportionate.

The court found that the Commissioner's decision to cancel Mr Joiner's firearms licence was valid. The court emphasised that the determination of a person's fitness to hold a firearms licence was a matter of statutory interpretation and involved a balance between the individual's rights and the public interest. The court held that the Commissioner was entitled to consider Mr Joiner's long-term mental health history, as it was relevant to his fitness to hold a firearms licence. The court rejected the argument that the Commissioner had acted irrationally or had considered irrelevant matters. The court further found that the decision was proportionate given the potential risks to public safety associated with Mr Joiner's mental health history.

The court affirmed the decision under review, upholding the Commissioner's authority to cancel Mr Joiner's firearms licence. This outcome reinforced the principle that the assessment of a person's fitness to hold a firearms licence must be grounded in relevant considerations and must appropriately balance individual rights with public safety interests.

Orders

Orders of the court

The decision under review is affirmed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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