Kemball v Commissioner of Police, NSW Police Force

The case of Kemball v Commissioner of Police, NSW Police Force involved the applicant, Mr Kemball, challenging the revocation of his firearms licence by the Commissioner of Police. The dispute reached the Civil and Administrative Tribunal of New South Wales, which was tasked with determining whether the revocation decision was lawful and in the public interest. The applicant argued that the revocation was unjust and that he was a fit and proper person to hold a firearms licence for recreational hunting and vermin control purposes.

The primary legal issues before the tribunal were whether the Commissioner had the authority to revoke the applicant's licence and whether such a revocation was justified under the relevant statutory provisions. Specifically, the tribunal had to consider the criteria for determining fitness to hold a firearms licence and whether the evidence supported the Commissioner's decision. The tribunal also needed to assess whether the public interest was served by maintaining or revoking the applicant's licence.

The tribunal found that the Commissioner's decision to revoke the applicant's licence was flawed. It was determined that the evidence did not sufficiently support the conclusion that the applicant was not a fit and proper person to hold a firearms licence for the specified purposes. The tribunal concluded that the revocation was not in the public interest and set aside the Commissioner's decision. Instead, the tribunal ordered that the applicant be issued with a category AB firearms licence, provided he provided evidence of his involvement in hunting activities, such as renewed membership with a hunting club or permission to shoot from a landowner.

The tribunal's orders included setting aside the revocation of the firearms licence, issuing a new licence under specified conditions, and restricting the disclosure of confidential evidence to the Commissioner and her legal representatives only. The tribunal also ensured that certain parts of the proceedings and reasons were not to be published or disclosed to the applicant or the public, in accordance with the Civil and Administrative Tribunal Act, 2013 (NSW).